Criminal Law Part 1

Front 1

Criminal Law

Back 1

Offences committed against society

Front 2

Actus Reus

Back 2

"a guilty act" criminal act or omission to act

Front 3

Mens Rea

Back 3

"a guilty mind" knowledge, intent or recklessness of one's actions

Front 4

General Intent

Back 4

Intent that is limited to the act itself

Front 5

Specific Intent

Back 5

Goes beyond the act itself such as breaking and entering to commit theft

Front 6

Motive

Back 6

The reason for commiting a certain act

Front 7

Recklessness

Back 7

State or instance of acting carelessly or without regard for consequence of one's actions

Front 8

Strict Liability Offence

Back 8

Regulatory offences with no mens rea and due diligence can be used as a defence

Front 9

Absolute Liability Offence

Back 9

Regulatory Offence that needs no mens rea

Front 10

Due diligence

Back 10

Accused took every reasonable precaution not to commit the act or truly believes his actions were innocent

Front 11

Attempt

Back 11

An effort or a try with intent to commit an offence

Front 12

Conspiracy

Back 12

Serious agreement or arrangement to commit a crime

Front 13

Aiding

Back 13

Helping someone commit a crime

Front 14

Abetting

Back 14

Encouraging someone to commit a crime

Front 15

Accessory after the fact

Back 15

Aids the accused escape from the arrest

Front 16

Criminal Code focuses

Back 16

Protection of property, people and moral norms

Front 17

Intent

Back 17

The purpose of an act : based on the facts of what a reasonable person would do

Front 18

Knowledge

Back 18

Knowledge of certain facts provides necessary mens rea

Front 19

Criminal Negligence

Back 19

Accused fails to take precautions that any reasonable person would take to avoid causing harm

Front 20

Willfull blindness

Back 20

The act of deliberately closing your eyes to the consequences of your actions

Front 21

Summary Convictions Offences

Back 21

Less serious offences with a max of 6 months imprisonment and/or a 2000 fine

Front 22

Hybrid offences

Back 22

Can be tried as summary Convictions or indictable offences , up to the Crown to elect

Front 23

Indictable Offences

Back 23

The more serious offences, max punishment is life in prison

Front 24

Criminalizing

Back 24

When the federal government adds act or behaviour to the criminal code

Front 25

Decriminalizing

Back 25

The act is no longer considered a crime but is subject to legal rules and regulations

Front 26

Legalizing

Back 26

Act is no longer in the criminal code at all , it is perfectly legal

Front 27

Arraignment

Back 27

Criminal charges are read to the accused

Front 28

Violent crimes

Back 28

Offences that harm the body in any way

Front 29

Murder

Back 29

Intentional killing and the most serious

Front 30

First Degree Murder

Back 30

Planned scheme that has been thought out carefully.

Front 31

2nd Degree Murder

Back 31

Anything that doesn't fall into the first degree

Front 32

Manslaughter

Back 32

Only requires general intent,

Mens Rea : any reasonable person would recognize that this unlawful act could harm or kill

Front 33

Infanticide

Back 33

Killing of a newborn by his/her mother Max.punishment is 5 years imprisonment

Front 34

First Level Assault

Back 34

Applying intentional force without consent

Attempting or threatening using gestures.

Shooter who misses

Front 35

Assault causing bodily harm

Back 35

Carries uses or threatens to use weapon or imitation of weapon , or causes bodily harm

Front 36

Aggravated Assault

Back 36

Wounds, maims , disfigures or endangers life of victim

Consent defence is not accepted in this situation

Front 37

Sexual Conduct

Back 37

In relation to first level of assault

Front 38

Weapon, threatens to cause bodily harm sexually

Back 38

14 years in prison max

Mens Rea : general intent

Front 39

Aggravated Sexual assault

Back 39

Life imprisonment

Mens Rea : knowledge that victim gave no consent , recklessness or wilful blindness

Front 40

Abduction

Back 40

Forcible removal of unmarried person under 16 from care of parent or legal guardian

Front 41

Robbery

Back 41

Theft involving violence , threats or use of offensive weapons

Front 42

Prostitution

Back 42

Solciting : communicating for purpose of pros services

Procuring: living off earnings

Front 43

Theft

Back 43

Taking or using property that belongs to another person

5000 over or under

Front 44

Arson

Back 44

Intentional or reckless causing of damage by fire or explosion to property

Front 45

Break and Enter

Back 45

To enter another premises without permission by breaking or opening anything closed

Front 46

Fraud

Back 46

Intentionally deceiving the public or person so as to cause a loss

Front 47

Mischief

Back 47

Deliberate destruction or damaging of property

Front 48

Criminal Harassment

Back 48

Prohibits repeatedly communicating with or following another person or their family until they fear for their safety

Front 49

Dangerous Operations of MV

Back 49

5 years

10 years bodily harm

14 years causing death

Front 50

Failure to stop

Back 50

5 years

Bodily harm 10 years

Death = life

Front 51

Flight

Back 51

5 years

14 years bodily harm

Life if death

Front 52

Impaired Driving

Back 52

Over 80mg/ 100 mL max 5 years

Bodily harm 10 years

If death then life

Front 53

Street Racing

Back 53

5 years

14 years

Life

Front 54

Demerit Points

Back 54

Front 55

Drug

Back 55

Any substance that by its chemical nature alters structure or function of a living organism

Front 56

Controlled Substances

Back 56

Schedule 1: most dangerous narcotics liKe cocaine and meth

2: marijuana and derivatives

3: LSD

4: Controlled but also therapeutic

Front 57

Double Doctoring

Back 57

Offence to seek narcotic or prescription from doctor without disclosure of all controlled substances received within 30 days

Front 58

Trafficking

Back 58

Sell, administer, give, transfer, transport or send the substance

Front 59

Possession

Back 59

Reverse Onus

Crown proves Person possessed controlled for use of trafficking

Front 60

Laundering

Back 60

Money or property associated with a crime such as trafficking

Front 61

Arrest

Back 61

Two things must be believed:

1. An offence was commited

2. Reasonable grounds that the suspect commited the offence

Front 62

Arrest Warrant

Back 62

Document that lists accused name, offence commited and date it occurred , allows officer to take accused into custody

Front 63

Arrest without a warrant

Back 63

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

Front 64

Apperance Notice

Back 64

For less serious offences and names offence, date and time to appear in court

Front 65

Information

Back 65

Describes how and when accused broke the law ; officer says before a Justice of the peace

Front 66

Summons

Back 66

Court order that states when and where accused must go to face charges described in information

Front 67

Robert Dziekanski

Back 67

Foreign guy gets tased to death , RCMP lives on no problem

Causes taser debate

Front 68

Sammy Yatim

Back 68

Street car guy shot 9 times by James Forcillo

Front 69

Search Warrant

Back 69

Legal document allows police to search resident of the accused to look for evidence related to the charge

Front 70

Wiretapping or bugging

Back 70

Must not interfere with property

Front 71

Undertaking

Back 71

Court document signed by accused with conditions to follow

Front 72

Recognizance

Back 72

Document that states accused recognizes that he or she is being charged and promises to appear in court at a later date

Front 73

Remand

Back 73

To be sent back into custody for trial