1592789
Description
Flashcards by Natasha Janevska, updated more than 1 year ago
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Created by Natasha Janevska
over 11 years ago
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| Question | Answer |
| Offence grid | a feature of some annotated versions of the crim code that provides, in chart form, a summary of elements, punishment, and other aspects of different offences |
| Appeal | the review or challenge of a legal decision in a court of higher jurisdiction |
| Quasi-criminal | similar in nature to offences listed in the criminal code but under provincial or municipal jurisdiction |
| Omission | a failure to do something that is required by statute or by common law |
| Summary conviction offence | accused is tried before a judge in a provincial court (ex. OCJ) without the benefit of a jury or prelim. Hearing |
| Actus reus | latin for “criminal act” the objective element of an offence, which may be an act, an omission, or a state of being |
| Mens Rea | latin for “guilty mind”; the subjective element of an offence that describes the state of mind or required intention necessary of the accused |
| Causation | the element of an offence that involves whether an act or omission of one party resulted directly in the injury to the other party |
| Factual causation | the situation where a certain result would not exist if a specific action or event had not occurred |
| Legal causation | the situation where one or more actions could have caused a certain result and, for the purposes of a legal decision, the action that was most responsible for the result must be determined |
| Culpable intervention | an unexpected action, often by a third party, that contributes to or causes a chain of events |
| General intent | a level of mens rea where the accused need not have intended to commit the offence or cause certain result but must have intended to act in a way that resulted in the offence occurring |
| Specific intent | a level of mens rea that requires the prosecution to prove that accused meant to commit the offence or to cause the harm that resulted |
| Direct intent | a level of intent (mens rea) where the accused has a clear intent to commit the offence or to cause certain results |
| Criminal negligence | action that are defined as criminal under the criminal code even though the incorporate a level of mens rea falling below conscious intent – for example, indifference |
| Absolute liability offence | an offence that permits a conviction on proof of the physical elements of the offence (actus reus), with no proof of intention to commit offence (mens rea) required |
| Strict Liability offence | can be convicted based only on Actus Rea of offence; accused has opportunity to convince crown otherwise |
| Inchoate crime | a crime thats incomplete or attempted |
| a person against whom a criminal of quasi-criminal charge has been laid, but who has not yet been convicted | Accused |
| a formal document, given to a person charged with a minor offence, that sets out the requirement to attend court for trial at a certain date/time | Appearance notice |
| a document that may be delivered to a person accused of a crime requiring that person to be in court at a certain date and time to answer the charges | Summons |
| an award to order provided by the court to redress a legal wrong | Remedy |
| give up a legal right | Waive |
| the basic tenet of the Canadian system of rights and freedoms that requires that all person investigated for and accused of a crime receive procedural protections to ensure that they are treated fairly throughout the process | Fundamental justice |
| a decision by a judge to drop the charges against an accused; usually the result of improper actions on the part of the police or the prosecution | Stay of proceedings |
| another name for a bail hearing. Where the prosecution is required to show cause as to why the accused should not be released before trial | show cause |
| a less serious criminal code offence for which, at a bail hearing, the onus is on the prosecution to show cause why the accused should not be released pending trial | Non – s. 469 offence |
| burden of proof; the necessity for a certain party to prove a certain fact | Onus |
| a ground for ordering detention of an accused at a bail hearing for a non-s. 469 offence; based on the judge’s belief that the accused is unlikely to appear at trial if released | Primary ground |
| Secondary ground | a ground for ordering detention of an accused at a bail hearing for a non-s.469 offence; based on the judges belief that the accused poses a danger to the public |
| Tertiary ground | a ground for ordering detention of an accused at a bail hearing for a non-s.469 offence; based on the judges belief that detention is necessary to maintain confidence in the administration of justice |
| monetary guarantees that a person will appear at court to answer the charges against him/her; this money is forfeited if the accused does not appear as required | Sureties |
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