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Canadian Law Chapter 6 (criminal law)

schoolstudycanada's version from 2018-06-26 02:13

Section 1

Question Answer
PerpetratorPerson who commits the crime
Parties to a crimePeople who indirectly assist the perpetrator (involved in crime)
AidingDirectly helping in a crime (providing a key for a door; providing information)
AbettingAct of encouraging the PERPETRATOR to commit an offence
- They do not need to be present
- Must be aware that a criminal act was intended
- Must have committed some action to assist the perp
CounsellingCrime that involves advising, recommending, or persuading another person to commit a criminal offence
- e.g: suggest best time to commit crime
Accessory after the factSomeone who knowingly helps a person (comforting) in escaping from the police
Party to common intentionThe shared responsibility among criminals for additional crimes committed during the original crime
AttemptIntention to commit a crime (even if crime is not committed)
- Crown has to show that the ACCUSED took the necessary steps toward completing the crime
ConspiracyAgreement between two or more people to carry out an illegal act; however, it doesn't need to occur

Section 2

Question Answer
CrimeAct or omission of an act that results in action that is prohibited and punishable by federal statute
Four conditions for crime- Action is considered wrong by society
- Causes harm to society
- Harm must be serious
- Remedy is best handled through criminal law
Criminal Lawbody of laws that prohibit and punish acts that injure the society (individuals, people, whole)
Criminal LawUnder jurisdiction of federal government
Purpose of criminal law- Protect people and property
- Maintain order
- Ensure public decency
Quasi-criminal lawLaw that covers less serious offices at provincial or municipal level
- Most punishable by fines, some can include jail-time
General IntentCrime committed for it's own sake.
- This criminal offence only requires that the act was committed
Specific IntentCrime committed for the sake of accomplishing another
Criminal negligence- Failing to take precaution that any "reasonable" person would take to avoid
- Showing reckless disregard for lives/safety of other persons
RecklessnessConsciously taking an unjustifiable risk
Wilful blindness
- Ignoring the obvious facts and consequences of one's actions
Actus ReusGuilty act. This can also include the omission of an act; or in the state of having committed the crime
- Must be voluntary
Mens ReaGuilty mind.
-Crown shows guilt by establishing intent to commit offence, or knowledge that they did wrong
Intent- Meant to do the act
- Disregarded consequences
- Should have foreseen wrongful act (ignorance of law is not excuse)
Motivereason person commits crime
- not sufficient enough to establish state of mind
Strict Liabilityno mens-rea
- Accused acknowledges that the offence occured.
- Accused may offer argument of due-dilligence
- Faces fine when found guilty
Absolute Liabilityno mens-rea
- no defence
- fine (no jail time since no defence)

Section 3

Question Answer
Summary offences- six month time limit to go to trial.
- less serious
- accused not required to appear
- max penalty is $5k or 6 month imprisonment
- no criminal record
Indictable Offences- serious offences
- accused must be present
- penalties range from fines to life in prison
- criminal record if convicted
Hybrid Offences- used when unsure of severity of case
- while procedure is going on, the offence is treated as indictable