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15 Cards in this Set

  • Front
  • Back
Who are the 4 participant of Criminal Law?
- Parliament-make laws
- Courts/Judges-guilt and penalties
- Police - enforce laws
- J?ail & Parole - supervise
When is someone a party to an offence?
When they commit, aide, or abet.
What's an Actus Reaus & Mens Rea?
Actus - the act that is illegal
Mens - intent
What is absolute liability?
if you do the act you are guilty - go through a stop sign
What is strict liability?
Crown must prove the Actus Reuas and you will be convicted unless you can prove du-diligence (reasonable and honest belief)
What are the eight defences?
- Mistake of Law
-Mistake of fact
-mental disorder
- entrapment
- automatism
- battered wife syndrom
- necessity
What is the general rule when it comes to the use of excessive force?
You can use as much as is necessary in the circumstance.
What are the 3 ways to bring the accused to court?
- Notice to Appear
- Issue a Summons
- Arrest
When may a person arrest an individual?
- when they have committed an inditable offence or are escaping the police.
What is the general rule when you are arrested?
that you will be released, unless the police believe you will be a danger to the public.
what may you recieve at your bail hearing?
A promise to appear, conditions, or assurity
What is Voire Dire?
Where the courts are deciding whether evidence will be admissalbe.
What must police do before they can enter your home with a search warrant?
Give notice, notice of authority, and why they are there.
When can you not use consent as a defence for sexual assult?
When the accused is 14 or under.
When can you use consent as a defence?
Sc. 150 -

- the accused is over 12 or under 16
- if if you are not in position of authority...and others.