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73 Cards in this Set
- Front
- Back
Criminal Law |
Offences committed against society |
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Actus Reus |
"a guilty act" criminal act or omission to act |
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Mens Rea |
"a guilty mind" knowledge, intent or recklessness of one's actions |
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General Intent |
Intent that is limited to the act itself |
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Specific Intent |
Goes beyond the act itself such as breaking and entering to commit theft |
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Motive |
The reason for commiting a certain act |
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Recklessness |
State or instance of acting carelessly or without regard for consequence of one's actions |
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Strict Liability Offence |
Regulatory offences with no mens rea and due diligence can be used as a defence |
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Absolute Liability Offence |
Regulatory Offence that needs no mens rea |
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Due diligence |
Accused took every reasonable precaution not to commit the act or truly believes his actions were innocent |
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Attempt |
An effort or a try with intent to commit an offence |
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Conspiracy |
Serious agreement or arrangement to commit a crime |
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Aiding |
Helping someone commit a crime |
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Abetting |
Encouraging someone to commit a crime |
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Accessory after the fact |
Aids the accused escape from the arrest |
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Criminal Code focuses |
Protection of property, people and moral norms |
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Intent |
The purpose of an act : based on the facts of what a reasonable person would do |
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Knowledge |
Knowledge of certain facts provides necessary mens rea |
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Criminal Negligence |
Accused fails to take precautions that any reasonable person would take to avoid causing harm |
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Willfull blindness |
The act of deliberately closing your eyes to the consequences of your actions |
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Summary Convictions Offences |
Less serious offences with a max of 6 months imprisonment and/or a 2000 fine |
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Hybrid offences |
Can be tried as summary Convictions or indictable offences , up to the Crown to elect |
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Indictable Offences |
The more serious offences, max punishment is life in prison |
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Criminalizing |
When the federal government adds act or behaviour to the criminal code |
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Decriminalizing |
The act is no longer considered a crime but is subject to legal rules and regulations |
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Legalizing |
Act is no longer in the criminal code at all , it is perfectly legal |
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Arraignment |
Criminal charges are read to the accused |
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Violent crimes |
Offences that harm the body in any way |
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Murder |
Intentional killing and the most serious |
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First Degree Murder |
Planned scheme that has been thought out carefully. |
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2nd Degree Murder |
Anything that doesn't fall into the first degree |
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Manslaughter |
Only requires general intent, Mens Rea : any reasonable person would recognize that this unlawful act could harm or kill |
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Infanticide |
Killing of a newborn by his/her mother Max.punishment is 5 years imprisonment |
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First Level Assault |
Applying intentional force without consent Attempting or threatening using gestures. Shooter who misses |
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Assault causing bodily harm |
Carries uses or threatens to use weapon or imitation of weapon , or causes bodily harm |
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Aggravated Assault |
Wounds, maims , disfigures or endangers life of victim Consent defence is not accepted in this situation |
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Sexual Conduct |
In relation to first level of assault |
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Weapon, threatens to cause bodily harm sexually |
14 years in prison max Mens Rea : general intent |
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Aggravated Sexual assault |
Life imprisonment Mens Rea : knowledge that victim gave no consent , recklessness or wilful blindness |
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Abduction |
Forcible removal of unmarried person under 16 from care of parent or legal guardian |
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Robbery |
Theft involving violence , threats or use of offensive weapons |
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Prostitution |
Solciting : communicating for purpose of pros services Procuring: living off earnings |
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Theft |
Taking or using property that belongs to another person 5000 over or under |
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Arson |
Intentional or reckless causing of damage by fire or explosion to property |
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Break and Enter |
To enter another premises without permission by breaking or opening anything closed |
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Fraud |
Intentionally deceiving the public or person so as to cause a loss |
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Mischief |
Deliberate destruction or damaging of property |
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Criminal Harassment |
Prohibits repeatedly communicating with or following another person or their family until they fear for their safety |
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Dangerous Operations of MV |
5 years 10 years bodily harm 14 years causing death |
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Failure to stop |
5 years Bodily harm 10 years Death = life |
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Flight |
5 years 14 years bodily harm Life if death |
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Impaired Driving |
Over 80mg/ 100 mL max 5 years Bodily harm 10 years If death then life |
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Street Racing |
5 years 14 years Life |
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Demerit Points |
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Drug |
Any substance that by its chemical nature alters structure or function of a living organism |
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Controlled Substances |
Schedule 1: most dangerous narcotics liKe cocaine and meth 2: marijuana and derivatives 3: LSD 4: Controlled but also therapeutic |
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Double Doctoring |
Offence to seek narcotic or prescription from doctor without disclosure of all controlled substances received within 30 days |
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Trafficking |
Sell, administer, give, transfer, transport or send the substance |
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Possession |
Reverse Onus Crown proves Person possessed controlled for use of trafficking |
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Laundering |
Money or property associated with a crime such as trafficking |
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Arrest |
Two things must be believed: 1. An offence was commited 2. Reasonable grounds that the suspect commited the offence |
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Arrest Warrant |
Document that lists accused name, offence commited and date it occurred , allows officer to take accused into custody |
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Arrest without a warrant |
Allowed to arrest person who is about to, is or has commited a serious offence Arrest if officer believes person's name is on warrant |
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Apperance Notice |
For less serious offences and names offence, date and time to appear in court |
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Information |
Describes how and when accused broke the law ; officer says before a Justice of the peace |
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Summons |
Court order that states when and where accused must go to face charges described in information |
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Robert Dziekanski |
Foreign guy gets tased to death , RCMP lives on no problem Causes taser debate |
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Sammy Yatim |
Street car guy shot 9 times by James Forcillo |
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Search Warrant |
Legal document allows police to search resident of the accused to look for evidence related to the charge |
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Wiretapping or bugging |
Must not interfere with property |
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Undertaking |
Court document signed by accused with conditions to follow |
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Recognizance |
Document that states accused recognizes that he or she is being charged and promises to appear in court at a later date |
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Remand |
To be sent back into custody for trial |