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Criminal Law Terms
Terms in this set (42)
To encourage, incite, or set another on to commit a crime
absolute liability offences
a type of offence where the Crown could obtain a conviction by simply proving that the accused committed the prohibited act (no guilty mind needed, example driving without insurance, fishing in non fishing areas, often have a fine)
A program under the Youth Offenders Act.
an unconscious, involuntary act, where the mind does not go with what is being done. (Alcohol)
a test used to measure the alcohol level in a persons breath
releasing a convicted offender under certain terms.
Colour of Right
presumption that there is an existing legal right when no such right exists
agreement between two or more people to perform an unlawful act
the act of removing a particular offence from criminal liability while not making the actions legal. Actions that were once criminal offences, remain offences but no longer attract a criminal record.
punishment of criminals that is intended to be an example to the general public and to discourage the commission of offences (deter the public)
admission of guilt to the crime charged, takes full responsibility
Crown reads facts
Client acknowledges the facts are correct and they have no defence
client pleas guilty
Option 1- Crown and defence make submissions regarding sentence, accused is sentenced
Option 2- pre sentence report ordered, Judge sentence accused
killing of one human by another
most serious offence example homicide (2 years plus)
judicial interim release
Any circumstances accompanying the commission of a crime that may justify a lighter sentence.
police line up
a hearing held to determine whether sufficient evidence exists to commit an accused for trial in a court of superior jurisdiction
Primary bail grounds
Principles of Sentencing
background information & personality about the accused , prepared for the judge prior to sentencing
A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence
secondary bail grounds
punishment inflicted on criminals to discourage them from committing future crimes (specific to the accused)
summary conviction offence
A conscious closing of one's mind to the consequences of one's acts.
Youth Criminal Justice Act
Federal legislation that replaced the Young Offenders Act in 2003.
what is the difference between actus rea and mens rea?
Actus rea is the guilty act mens rea guilty mind.
describe two different levels of intent.
what is an incomplete crime?
Attempt or Conspiracy
3 forms of culpable homicide
Murder, Manslaughter, Infanticide
possible defences for assault
what is the present law in Canada regarding abortion?
What elements must be established to effectively raise the defence of neccessity?
what is the difference between specific intent and general intent?
who may be convicted of an offence?
must be 18
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