Law Unit 3 Grade 11 Part Two

Front 1

Actus Reus.

Back 1

Actus reus is often characterized as the physical part of a crime. Inmost cases, it describes what the offender must do. A murder statue will requirethe offender to “kill,” an arson law will punish people who “set fire to” astructure, and theft may require someone to “take” something

Front 2

Voluntary Act:

Back 2

The defendant’s act must be voluntary.

Front 3

Circumstances:

Back 3

Many Crimes occur only in a specifically describedsituation. For example, bribery of a juror requires that the person bribedhave been a juror (not another official).

Front 4

Harm or result:

Back 4

Many criminal laws require a specific harm to haveoccurred before the statute applies. In murder, there must be a personkilled, and in arson, there must be a burned structure.

Front 5

Causation:

i.

ii.

Back 5

Often a statute requiring harm (such as death or an explosion)also requires that the defendant cause that harm. Causation links thedefendant’s conduct to the result.

i. “But for,” “Cause in Fact,” or “Actual” causation is thesimplest form of causation. It simply provides that a particularresult (such as death) would not have occurred without thedefendant’s action.

ii. Proximate causation is narrower than “but for” causation.Proximate causation is limited to the foreseeable consequences ofthe defendant’s actions.

Front 6

Mens Rea.

Back 6

Mens Rea is often characterized as the mental requirement in acriminal law. Modern statutes often use four categories of mens rea: intentionally(or purposefully or willfully), knowingly, recklessly, and with criminalnegligence.

 2 Types of Intent :

1. General Intent – intent is limited tothe act itself eg. assault

2. Specific Intent – person committingoffence has a further criminal purposeeg. break and enter, robbery

Front 7

MOTIVE -

Back 7

motive is the reason for committing an act- it does not create intent, therefore does notestablish the required guilt- it is used by the police in finding the accused- it is also used in court as circumstantial evidence( not strong evidence)

Front 8

wilful blindness

Back 8

can be the required mens rea

sometimes a crime requires knowledge ex.using a cancelled credit card

some sections of the Criminal Code define themens rea of the offence.

Front 9

recklessness

Back 9

can be the mens rea – defined asthe careless disregard for the possible results ofan action

Front 10

Both______ and _____ mustexist at the same time in order forsomeone to be found guilty of a criminalact.

These conditions have to be proven toexist at the time the _____ was committedand be proven beyond _______________.

Back 10

Both Actus Reus and Mens Rea mustexist at the same time in order forsomeone to be found guilty of a criminalact.

These conditions have to be proven toexist at the time the crime was committedand be proven beyond a reasonabledoubt.

Front 11

General Intent

Back 11

The intent is limited to the act itself and theperson has no other criminal purpose in

In an Assault case, the Crown only has toprove that the accused did apply force.

Trespassing – accused was on someoneelse’s property at night. The intent to bethere is inferred.

Front 12

Specific Intent

Back 12

Specific Intent

The person committing the offence has afurther criminal purpose in mind.

In a Break and Enter, specific intent existsbecause it involves the following:

[1] An intentional illegal action (breaking andentering) that is committed with the intent tocommit

[2] a further illegal action (robbery, anindictable offence)

Front 13

knowledge

Back 13

The knowledge of certain facts canprovide the necessary mens rea.

For example: if you knowingly use a creditcard that has been cancelled.It is only necessary to prove that the personused the card knowing that it was cancelled;prosecution does not have to prove intent todefraud.

Front 14

Criminal Act and Omissions

Back 14

Criminal Act and OmissionsFailure for a person to do something (omission) canbe deemed a wrongful act.

I.E. Failure to provide the necessities for someoneyou are legally obligated to provide for.Not obtaining assistance for someone in childbirthNot taking an elderly parent to the hospitalNot providing food for your children.A person’s failure to do something can be interpretedas a criminal act.

Front 15

Attempt

Back 15

A person who intends to commit a criminaloffence but fails to complete the act maystill be guilty.It is illegal to attempt to break the law.

Front 16

Conspiracy

Back 16

A conspiracy is an agreement between twoor more people to commit a crime or toachieve something by an illegal act.The planning of the act itself is a crime.The people involved must be serious in theirintention to commit the crime.Jokes or threats are not considered conspiracy.

Front 17

Aiding

Back 17

Aiding means to help someone commit acrime. (eg. Driving the getaway car,distracting the store clerk etc…)

Is considered a crime.

Front 18

Abetting

Back 18

Abetting means to encourage someone tocommit a crime.

Is considered a crime.

Front 19

Accessory after the fact

Back 19

Accessory after the fact is whensomeone helps a criminal avoid detentionor capture.This is a criminal act.

Front 20

“PROCEDURAL JUSTICE”

We have implemented a “core” set of values toensure (in conjunction with the Charter) that the“Rule of Law” is maintained. What are the 7 steps?

Back 20

1) Fairness

 Process must be impartial toward the accused

 Similar cases treated alike, different casesdifferently

2) Efficiency

 Process must be timely

3) Clarity

 Accused must understand process andcharges

4) Restraint

 Gov’t officials (popo’s, prosecution, judges,correctional officers etc…) must show self-discipline in treatment of accused

5) Accountability

 Gov’t officials must be held responsible fortheir actions

6) Participation

 The accused must be allowed to play an activepart in the process, and the process must beopen to public scrutiny.

7) Protection

 To guard the accused from harm…strict gov’tregulation…

Hint 20

FECRAPP

Front 21

When the S.H.I (no “T”)!…hits the fan!

Whats it stand for?

Whats it for?

Back 21

Summary - Hybrid - Indictable

Summary Conviction Offences

minor offences, for which the accused can be arrested or summoned tocourt without delay

max penalty of $2000 and/or 6 months imprisonment

Indictable Offences

max penalty for each offence is up to life imprisonment

actual penalty imposed is by the discretion of the judge

Hybrid Offences

crown has the right to choose whether to proceed as a summaryconviction or by indictment conviction

* These were created mostly for procedural purposes

the offence being charged will determine the following:o the power of arrest by a citizen or a police officero the rights of the accusedo how the trial will proceedo what penalty will be imposedSummary Conviction Offences

Front 22

Prosecution:

Back 22

for a summary conviction, offences must be prosecuted within6 months of being committed; for an indictable offences there is nolimitation for prosecution

Front 23

Trial:

Back 23

for a summary offence there is usually no jury, held at lowest level ofcourts, and the accused can send a representative in their place; for anindictable offence trials are in various courts, accused must be present attrial, and trial by jury is an option for accused

Front 24

QUASI CRIMINAL OFFENCES

Back 24

 these are provincial laws that resemble criminal law but carry nocriminal record ex. Highway Traffic Act, parking tics, by-lawviolations etc…

 they usually result in a fine