Questions About Procedure, Defence, And Concepts

Front 1

mens rea? actus reas?

Back 1

Actus reaus=act requirement

mens rea=mental element

Front 2

Causation

Back 2

Factual causation=but for test

Legal causation=was the accused's actions sufficiently connected with the harm to warrant legal responsibility

Nette-significant and contributing cause

Front 3

Difference between absolute liability and strict liability

Back 3

Strict liability offence have the defence of due diligence available to the accused

Front 4

Hybrid offences

Back 4

Hybrid offences are offences which can be prosecuted as summary convictions or indictable offences

Crown makes the choice

Front 5

Difference between summary conviction offences and indictable offences

Back 5

Summary conviction offences tend to have lesser penalty. Maximum penalty is usually $2000 fine and/or six months in jail. Heard in provincial court

Indictable offences have more severe penalties and can be tried by provincial judges or superior court judges

Front 6

Difference between first degree murder and second degree murder

Back 6

Two differences

1.) First degree murder must be planned and deliberate

2.) Causation for second degree murder is significant and contributing cause while causation for first degree murder is substantial and integral cause of death

Front 7

Confession Rule

Back 7

Statements from the accused made to persons in authority must first be proven to have been made voluntarily before they can be used as evidence

Front 8

Who is person in authority?

Back 8

Someone who the accused believes on reasonable grounds to have influence over the proceedings and be acting in the interest of the state

Normally includes those formally involved in arrest, detention, prosecution, etc but can be someone reasonably believed to be agents of police or prosecution

Front 9

What is hearsay?

Back 9

Hearsay is out of court statements adduced to prove the truth of its contents with no opportunity to cross examine the declarant

Front 10

Leading cases on hearsay?

Back 10

Khan-principled approach

Kwelawan-functional approach

Front 11

Colour of right

Back 11

Statutory exception to the practical rule in Canada that ignorance of the law is not a defence. It is the mistaken belief in a set of facts or law that, if they were true, would render the accused innocent of an offence

Only applies to specific property offences

Front 12

Mistake of law

Back 12

Its a person's mistaken belief that the law is something other than it is. In a Canada it is not a defence unless induced by an official or they believe they have a colour of right

Front 13

When should crown proceed with a charge?

Back 13

When there is reasonable prospect of conviction and its in the public interest to continue the prosecution

Front 14

when is it not in the public's interest to prosecute?

Back 14

1.) offence is trivial in nature

2.)conviction is likely to result in small penalty

3.) the desired result could be achieved through an alternative to prosecution

4.) the accused has remedied the loss

Front 15

what information must the crown put before the court no matter the charge

Back 15

1.) The information and the indictment

2.) A summary of the offence

3.) Statements

4.) criminal records

5.) witness benefits

Front 16

standards for laying information

Back 16

Any individual can initiate a prosecution by laying private information

1.) Must be in writing

2.) Must on oath

3.) Must be before a justice

Front 17

How has the decision in Gladue affected the way the court sentences Aboriginal offenders?

Back 17

Glade was the landmark decision on application of s. 718.2 (e)

Meant to alter the analysis used by sentencing judges when deciding on what is fit sentence for Aboriginal offenders

Sentencing judge must consider the unique systemic an background factors which may have played a role in bringing that offender before the courts and the type of sentencing procedures which might be appropriate in the circumstances for the offender because of his or her aboriginal heritage

Front 18

s. 718.2 (e) of the criminal code

Back 18

s. 718.2 (e) mandates sentencing judges to consider all possible sanction than imprisonment and to pay particular attention to circumstances of Aboriginal offenders