Unit 3 Law Terms

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Criminal Law:

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Deals with offences committed against society as a whole. It is the body of public law that declares acts to be crimes and creates punishments for those crimes

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Civil Law

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Deals with offences committed against individuals.

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Crime

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Any act, omission, or state of being that is prohibited and punishable by a federal statue

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Quasi-Criminal Law:

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Laws passed by provinces and municipalities that are known as regulatory offences and are not considered part of criminal law

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Criminal Code:

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Canada’s main statue concerning law in Canada containing offences, sentences, and procedures.

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Actus Reus:

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Actus Reus: Means “wrongful deed”. Must be shown that the person committed an act prohibited by law.

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Mens Rea

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Means “guilty mind”. Must also be shown that the accused intended to commit the offence. The concept of mens rea requires that a certain state of mind must exist at the time of the crime. In their mind, a person must foresee the consequences of their conduct and be aware of the circumstances included in the definition of the crime.

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Onus

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Meaning burden of proof or responsibility.(The crown has the onus to proved that the accused is guilty.)

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Intent

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refers to the desire to carry out certain actions, and the ability to foresee the results.

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Knowledge

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refers to the awareness and understanding of certain facts, particularly concerning those actions which are against the law.

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Motive

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The rationale for committing an offence.

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Reckless

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When a person foresees the possibility of a harmful consequence, and then takes the risk in the hope that the harm will not result. The person must understand the risks of their actions and proceed to act anyways.

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Wilful Blindness

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is a term used in law to describe a situation in which an individual seeks to avoid civil or criminal liability for a wrongful act by intentionally putting his or herself in a position where he or she will be unaware of facts that would render him or her liable.

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Strict Liability Offence

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Only necessary to prove that the offence was committed. The accused can put forward the defence of due diligence meaning the accused too reasonable care not to commit the offence or honestly believed in a mistaken set of facts.

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Absolute Liability Offence

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The crown does not have to prove mens rea. There is no possible defence since due diligence is not accepted for committing such offences.

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Attempt

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When the person is unsuccessful in the commission of a crime. It becomes an attempt when the person had the intent to commit the crime but it failed to carry through.

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Conspiracy

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refers to an agreement between two or more people to carry out an illegal act. (Requires serious intention)

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Party to an Offence

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A person who commits an offence, aids a person in committing an offence, or abets a person committing an offence.

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Aid

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Means to assist the principal offender in the commission of a crime.

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Abet

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To encourage the principal offender in the commission of a crime.

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Accessory After the Fact

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Is someone who helps a person who has committed a crime to escape detention or capture. (Includes providing food, clothing, money, or shelter)

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Restricted Weapons:

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Are objects used to injure, kill, threaten or intimidate another person that require the owner or user to have a permit

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Prohibited Weapons:

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Are objects used to injure, kill, threaten or intimidate another person that are illegal and may not be kept by anyone

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Murder

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The intentional killing of another human being

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Culpable Homicide:

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A killing which the accused can be held legally responsible (1st and 2nd degree)

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Non-Culpable:

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A killing which a person cannot be held legally responsible (accident or self-defence)

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Mass murderers:

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Kills four or more people at one location during one continuous period of time.

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Spree Killers

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Kill two or more victims but at more than one location.

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Serial Killers:

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Murder 3 or more victims but each is killed on separate occasions.

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Prescription Shopping / Double Doctoring:

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Trying to obtain the same prescription from a number of doctors.

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Summary Conviction Offences

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• Minor offences (E.g. traffic offences)
• If choosing to plead guilty, the accused is not required to appear in court unless requested to do so by the judge. However, entering a plea of not guilty requires going to court
• Trials can’t proceed if more than 6 months elapsed between the alleged act and commencement of prosecution for the crime
• Maximum penalty for most is $2000 and/or 6 months imprisonment

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Indictable Offences

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• More serious offences (Murder, manslaughter, rape)
• The accused is required to appear in court even if they choose to plead guilty. (Type of court varies)
• No time limit for having charges laid against you
• Minimum/ Maximums penalties which are typically imposed at the discretion of the trial judge

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Hybrid (Dual Procedure) Offences

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• Those which can be punished as a summary or indictable offence, at the discretion of the Crown.
• Treated as indictable until the charge is laid in court. Court appearance is mandatory even if the crown eventually chooses to proceed summarily.
• Examples: Forgery, resisting arrest, failure to appear, etc.