Criminal Law

Card Set Information

Criminal Law
2011-12-01 23:54:29

Criminal Law
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  1. Abet
    To encourage, incite, or set another on to commit a crime
  2. Absolute Liability Offence
    A type of offence where the Crown could obtain a conviction by simply proving that the accused committed the prohibited act.
  3. Accessory After The Fact
    Someone who assists or protects another after the other person has committed a crime.
  4. Actus Reus
    "a guilty act"

    (along with mens rea are the two essential elements of a crime).
  5. Aid
    To help, assist, or facilitate the commission of a crime.
  6. Attempt
    Any act done with intent to commit a criminal offence.
  7. Automatism
    An unconscious, involuntary act where the mind does not go with what is being done
  8. Color Of Right
    The genuine appearance or presumption that there is an existing legal right when in fact no such right exists.
  9. Conspiracy
    An Agreement between 2 or more people to carry out a crime.
  10. Decriminalize
    The act of removing a particular offence from criminal liability while not making the actions legal. Actions that were once regarded as criminal offences remain offences but no longer attract a criminal record.
  11. Mens Rea
    "A guilty Mind"

    Along with Actus Reus are the two essential elements of a crime.
  12. Recklessness
    A state of mind that pays no regard to the possible injurious consequences of an act.
  13. Strict Liability Offence
    Offence for which the Crown need only prove that the accused committed the actions required to complete the offence. There is no need to prove the intention or mens rea of the offence, but the accused may raise the defence of sue diligence, meaning that the accused took all due care to try to prevent the commission of the offence.
  14. Wilful Blindness
    A conscious closing of one's mind to the consequence of one's acts.
  15. Deterrence
    A principle of sentencing directed at discouraging an offender from reoffending or dissuading a member of the public from committing a similar offence.
  16. Discharge
    A sentence whereby there is no conviction registered against the accused, even though the charge was proved.
  17. Hybrid Offence
    An offence for which the Criminal Code permits the Crown to elect whether to proceed by indictment or by way of summary conviction.
  18. Indictable Offence
    The more serious offences in the Criminal code.
  19. Information
    The sworn legal document the formally starts the prosecutionto the accused by alleging that there are reasonable and probable grounds to believe that the accused committed the specific offence charged.
  20. Indictment
    The legal document setting out the allegations against the accused, which replaces the information when the matter is to be tried in the Superior Court.
  21. Preliminary Inquiry
    A hearing prior to the trial of an indictable offence, at which the Crown must establish that there is enough evidence against the accused to justify placing the accused on trial.
  22. Preferred Indictment
    The process whereby the Attorney General of a province has the authority under the Criminal Code, in certain circumstances, to commit the accused person to trial in the Superior Court, without a Preliminary Inquiry.
  23. Pre-Sentence Report
    A report prepared by a probabtion officer with information as to the character, residential circumstances, employment, chances of being rehabilitated, and remorse, etc. of the offender, which a Judge will use to assist in determining the most appropriate sentence.
  24. Search Warrant
    A court order that permits the police to enter and search specified premises to look for specified evidence that the police have satisfied the court they have reasonable grounds for believing is located at or in those premises.
  25. Summary Conviction Offence
    A less serious criminal offence that is tried in the provincial court or before a provincial court judge.
  26. Summons
    A court order requiring an accused to appear in court to answer a criminal charge.
  27. Victim Impact Statement
    A type of report or written statement presented to the court, outlining the effect of the offence on their lives, by people who have suffered emotional or physical damage as a result of an offence or by the relatives of a deceased victim.