Blasutti Law Units 2,3,4

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1

Summary Conviction Offence

least serious type of crime

2

Indictable Offence

most serious type of crime

3

Hybrid Offence

can be treated as either indictable or summary conviction

4

Crown

has the burden of proof in a criminal case

5

Actus Reus

guilty act - physical action of a crime

6

Mens Rea

guilty mind - intent, knowledge, recklessness, wilful blindness

7

Wilful Blindness

occurs when a person should know that a crime is being committed

8

Motive

the reason why a person committs a crime

9

Transferred Malice

when a crime is committed against the wrong victim

10

Principle Offender

person who has the most active role in a crime

11

Abettor

person who assists the principle offender in a crime

12

Counsellor

person who counsels or teaches a person to commit a specific crime

13

Procurer

person who enlists or pays a person to commit a crime

14

Solicitor

person who offers to commit a crime for payment

15

Conspiracy

an agreement by 2 or more persons to commit a crime

16

Accessory After the Fact

to provide assistance to a person after a crime has been committed, knowing that person is wanted for a crime

17

Attempt

occurs when only part of the actus reus takes place

18

Strict Liability Offence

requires the Crown to prove actus reus only, defence may show lack of actus reus or mens rea

19

Absolute Liability Offence

requires the Crown to prove actus reus only, defence may show lack of actus reus only

20

Criminal Code of Canada

document which categorizes and organizes criminal offences in Canada

21

Offences Against Public Order

criminal acts which disturb the general calm of society

22

P.A.L.

required to buy or own firearms or ammunition

23

P.O.L.

required to own a firearm

24

16

age required to consent to sexual activity

25

18

age under which film or print is considered child pornography

26

Bawdy-House

a place resorted to by one or more persons for the purpose of prostitution or the practise of acts of indecency

27

Assault

to apply force intentionally to another person

28

Aggravated Assault

most serious type of assault

29

Sexual Assault

to apply force intentionally to another person, using sex as the weapon

30

Homicide

death of a person

31

Culpable Homicide

someone is responsible for the homicide

32

Non Culpable Homicide

no one is to blame for the homicide

33

Specific Intent

requires planning or deliberation

34

General Intent

spur of the moment, heat of passion

35

25 years

life sentence in Canada

36

Provocation

a wrongful act or insult sufficient to deprive a reasonable person of the power of control

37

Murder

homicide which requires specific intent

38

1st Degree Murder

requires planning, deliberation, death of a police officer, death during a crime such as a hijacking

39

2nd Degree Murder

anything not 1st degree murder or manslaughter

40

Manslaughter

homicide which requires general intent

41

Infanticide

when a female person causes the death of her newly-born child

42

Mens Rea Impaired Driving

the intent to voluntarily consume an intoxicant

43

Actus Reus Impaired Driving

to have care and control of a motor vehicle while intoxicated

44

A.L.E.R.T. Test

used to test amount of alcohol in a persons breath, used by police on the road

45

Intoxilyzer

used to test amount of alcohol in a persons blood, used by trained technician

46

80mg/100mL blood

legal limit of alcohol allowed before considered impaired

47

0.08%

legal limit of alcohol allowed before considered impaired

48

Reverse Onus Clause

when the burden of proof is on the defence to prove innocence, rather than the Crown to prove guilt

49

Possession of Stolen Property

contains a reverse onus clause

50

Break & Enter With Intent

contains a reverse onus clause

51

Being Unlawfully in a Dwelling House

contains a reverse onus clause

52

Theft

when, with intent to steal, a person moves or causes an object to be moved

53

Robbery

to steal with violence or the threat of violence

54

Dwelling House

a place where someone lives

55

Controlled Drugs & Substances Act

an Act which describes offences and penalties associated with drugs or narcotics

56

Schedule I Drug

opium and its derivitives

57

Schedule II Drug

cannibis and its derivitives

58

Schedule III Drug

amphetimines

59

Schedule IV Drug

barbituates

60

Trafficking a Drug

sell, administer, give, transfer, transport, send, deliver, or offer to do any of these

61

Authorization to Possess (ATP) Card

allows a person to have marijuana for medical purposes

62

Alibi

evidence proving the accused was somewhere else when the crime was committed

63

Mental Disorder

when a persons ability to know the difference between what is legally right and wrong is diminished

64

Intoxication Defence

can only be used for crimes requiring specific intent

65

Provocation Defence

can only be used is charged with murder

66

Necessity

occurs when a person is forced to commit a crime because he/she had no other choice

67

Duress/Compulsion

forced to commit a crime because of threats of immediate death or serious injury to yourself or a member of your family

68

Double Jeopardy

occurs when the Crown makes repeated attempts to convict a person

69

Autrefois Convict

already convicted of the same crime

70

Autrefois Acquit

already acquitted of the same crime

71

Kienapple Principle

a person cannot be charged with more than one offence if the offences are basically the same

72

Res Judicata

evidence from one trial cannot be used at another trial if the evidence is basically the same

73

Entrapment

when the police lure, induce, persuade, harass, or bribe a person to committ a crime that would not otherwise have been committed

74

Officially-Induced Error

occurs when a person is told by a legal official something is legal and is then charged for it

75

Colour of Right

occurs when a person takes something they honestly believe they had a right to

76

Self Defence

raised in cases of assault or homicide when a person causes death or injury to another person while defending himself or another person

77

Reasonable Force

amount of force required in self defence

78

Battered Woman Syndrome

occurs when a woman is abused by her partner to the point where she feels the only way out is to kill him

79

Duelling

agreeing to fight

80

Automatism

results from a factor causing a body to react without conscious effort from the mind

81

Insane Automatism

caused by internal factors and is more permanent

82

Non-Insane Automatism

caused by external factors and is more temporary