law chapter 4 & 5

• what is the criminal code?

  it codifies or outlines what actions are considered crimes within our society. the nature and the severity of a criminal action is determined by those in the criminal system, such as judges.
• criminal law


  the body of public law that declares acts to be crimes and prescribes punishments for those crimes.
• crime


  any illegal act, omission or event that is specified by the criminal code.
• criminal conditions


  certain conditions that must be met for an action to be met with criminal penalties.
• summary offence


  a fairly minor criminal action. $2000 fine and/or 6 months in jail.
• indictable offence 


  severe or particularly serious offence. life in prison.
• hybrid offence


  criminal offences that may be tried as summary offences or indictable offences, with the corresponding less or more severe punishment. 2-10 years in prison.
• actus reus


  a wrongful deed. can also describe a failure to do something, such as negligence
• types of offences


  summary offence, indictable offence, hybrid offence
• mens rea


  guilty mind. mens rea exists if there is intent, knowledge, recklessness, or wilful blindness
• two types of acts reus


  strict liability and absolute liability
• strict liability


  the court doesn't have to prove mens rea, they just have to prove that the crime was committed, but due diligence can be put forward. it has a more serious penalty of fines and/or jail.
• absolute liability 


  there is no possible defence, therefore you cannot use due diligence. the court doesn't have to prove mens rea. the fines are not as high as strict liability.
• knowledge/intent


  the awareness or understanding of certain facts, which provides the necessary mens rea for an offence.
• general intent


  intent that is limited to the act itself and inferred from that act, such as an assault in which intent is inferred from the fact that the accused did apply force.
• specific intent


  intent that goes beyond the act itself, as in break and enter, in which the Crown must prove the unlawful action of breaking and entering and the specific intent of committing a further indictable offence, such as theft.
• recklessness


  a statute or instance of acting carelessly or without regard for the consequences of one's actions
• wilful blindness


  deliberate failure to make a reasonable inquiry of wrongdoing despite suspicion or an awareness of the high probability of its existence.
• motive


  the reason or rational for committing a crime (not intent)
• parties to an offence

  aid or abetting
• aid


  means to assist the primary offender in the crime itself
• abet


  encourage the offender to commit the crime
• 2 things must be proven

  1. accused had knowledge that the other intended to commit the crime
  2. accused helped or encouraged the person to commit the crime
• section 21 of criminal code


  person who urges someone to commit a crime is as guilty as the person who committed the crime
• without acts reus


  attempt and conspiracy
• attempt 


  person who intends to commit a crime but fails to complete the act
• conspiracy 


  an agreement between 2 or more people to carry out a criminal action. if a serious agreement occurs then it isn't necessary to show they fulfilled the agreement
• accessory after the fact


  someone who, after a crime is committed and knowing it was, receives, comforts, or helps the criminal so that he or she can escape
• criminal law & criminal offences


  jursidiction was given to federal government in the Constitution Act of 1867. provinces set it up but the federal government decides how they operate. provinces retain the right to enact laws of all matters falling under their jurisdiction and they have the right to transfer these powers to municipalities. these laws are referred to as quasi-criminal laws. these differ from province to province
• the elements of a crime


  in all true criminal offences, the crown must prove the action and the intent. the onus (responsibility) is on the Crown to prove these two elements: acts reus and mens rea
• due diligence 


  means that the accused took reasonable care not to commit the offence or honestly believed in a mistaken set of facts that would have rendered the act or omission innocent
• Supreme Court of Canada 


  this is the highest appeal court in Canada. mainly hears appeals form provincial court of appeals or from the federal court of Canada. it also hears referral cases from governments where an important principle or law is involved or an injustice has occurred.
• Supreme Court of Canada 2

  the Supreme Court consists of a chief justice and eight other judges. at least 3 of the 9 must be appointed from Quebec and traditionally 3 from Ontario, 2 from the west and 1 from the maritimes.
• provincial Supreme Court of appeal


  hears appeals from the trial courts. sets province's precedent; decisions must be followed by all judges in that province
• provincial Supreme Court - trial division

  these try the most important criminal cases (manslaughter to treason). they hear the summary conviction appeal cases
• provincial court - criminal division

  all criminal cases start here. judges decide alone. more serious cases are passed on. tries mainly criminal summary conviction cases and the least serious indictable offences (such as theft under $5000)
• least serious indictable offences

  theft (under $5000)

  mischief (under $5000)

  fraud (under $5000)

  driving while disqualified
• more serous indictable offences

  manslaughter

  assault

  sexual assault

  weapons offences
• most serious indictable offences

  murder

  treason

  piracy

  bribing a judicial official
• summary & minor indictable offences procedures

  there is a 6 month limitation period for the laying of a charge for a summary offence. for some quasi-criminal offences under provincial jurisdiction, such as speeding, a court appearance is not necessary unless you wish to plea not guilty