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20 Cards in this Set
- Front
- Back
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What conditions must exist for an act to be a criminal offence? |
Actus Reus and Mens Rea |
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What is Actus Reus? |
A "wrongful deed" (person does the crime) |
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What is Mens Rea? |
A "guilty mind" (person intended to commit) |
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Charter of Rights and Freedoms States that a person is "presumed to be ______ until ______ ______" |
innocent until proven guilty |
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What are the two types of intent regarding committing a crime? |
general intent, and specific intent. |
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What's intent? |
The true purpose of an act. It's based on what a reasonable person would be thinking under the circumstances. |
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What's General Intent? |
To perform an action means that the intent is limited to the act itself and the person has no other criminal purpose in mind. |
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What's Specific Intent? |
When the person committing the offence has a further criminal purpose in mind. |
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Knowledge and Mens Rea? |
The knowledge of certain facts can also provide the necessary mens rea. Eg: Knowingly using a revoked credit card. |
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Motive? |
The reason for committing an offence |
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Motive vs Intent? |
Motive does not establish the guilt of the accused. |
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What can motive be used for? |
It can be used for circumstantial evidence; a person can have a motive and not commit an offense. |
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What is recklessness? |
The careless disregard for the possible results of an action. Eg: Driving over the speed limit could lead to criminal charges is mens rea is proven. |
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Parties to an offence? |
1) A person who commits an offence 2) Aiding a person to commit an offence 3) Abetting a person in committing and offence. |
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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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What must be proven before an accused can be convicted of aiding and abetting? |
1) The accused must have knowledge that the other person intended to commit an offence 2) The accused actually helped/encouraged the person to commit the offence |
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What are punishments for Aiding and Abetting? |
Section 21(2) of the Criminal Code states that a person who plans an offence is just as guilty as the person who actually commits it. |
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What's an accessory after the fact? |
Someone who helps a criminal escape detention or capture (i.e. providing food, clothing, shelter, etc.) |
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Exception to this law? |
A man or woman can not be held responsible for assisting the escape of a spouse and someone escaping with a spouse. |
