CLU3M Criminal Law

Types of Criminal Offences:

1. __________________

2. ___________________

- Minor
- Can be summoned to
court without delay
- Max. penalty: $2000
and/or 6 months in jail
- Other statutes may have
more severe penalties

- Serious crimes
- Criminal Code set up
max penalties for each
offence
- Penalty decided by the
trial judge
- Some indictable offences
have min. penalties that
judge must impose (D & D

= $600 5 years
imprisonment)
3. ________________
- Crown attorney has the
right to proceed summarily
and impose a less severe
punishment, or to proceed
by indictment
- Hybrid offences include
impaired driving, assault
and theft under $5,000

Elements of a Crime:
In order for a person to be convicted of a crime, the ________must prove ___________________
that two (2) elements existed at the time that the offence was committed.
_____________ + _____________ = _______________
Actus Reus: _____________. As defined in ____________________
This can be an ____________, or an ____________________ or a
_____________________________.
Must be shown that the person committed an act ______________ by _______.
Failure to do something (example: for parents to withhold the necessities of life for their
children)
Mens Rea ___________________
Mens rea is the technical term for the blameworthy _________ of _________ that must
be proven beyond a _____________ doubt by the ____________.
1. ___________ the true ___________ of the act. Carrying out a criminal act while being
aware what the results will be and ignoring the ___________________. Example: bringing a
weapon to a robbery

_________________- intent is limited to the act itself. Committing a wrongful act with no
__________ ___________. Example: hitting someone because you are angry

__________________- when the person committing the offence has a further criminal
______________. Committing a wrongful act in order to _________________ another.
Example: hitting someone because you want to steal something from him.

The law considers some people incapable of forming intent: i.e.

________________,
________________,
________________

2. ______________- knowledge of __________ prove mens rea

___________- reason for committing an offence

Not the same as intent

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CLU3M Criminal Law

Does not establish guilt of the accused

Can be used as circumstantial (indirect) evidence

3. ________________ - ____________ disregard for the possible result of an _____________.

People dont intend to harm others however they understand the __________ of their actions
and proceed anyway. Example: taking prescription drugs that you know make you drowsy
and then operating a motor vehicle

4. ________________ - doing something or _____________ to do something with

____________ disregard for the lives or ____________ of other persons
Example: throwing a beer bottle out of a moving vehicle and injuring someone

5. _________________ - turning a ___________ eye to the _______________ of your action

Example: buying stolen property that you should know has been stolen
Offences Without a Mens Rea

Usually violations of federal or provincial regulations passed to protect the public (i.e.
speeding)
_____________ offences
Carry less _____________.
Dont carry ___________ associated with criminal convictions

1. Strict liability offences:

The liability is said to be strict because the ______________ will be convicted even
though they were genuinely ____________ of one or more factors that made their acts
___________ no need to prove mens rea
Example: Strict liability offenses include failure to remain, driving while suspended, driving
without insurance, failure to wear a seatbelt or careless driving
Therefore it is only necessary to prove the offence was committed
________________: defense used by the defendant (took care not to commit the
offence or honestly believed in a mistaken set of facts)
2. Absolute liability offences:
____________ need only prove actus reus
no possible defence (no act was taken to prevent)
if the person committed actus reus, he or she is __________, no matter what
_____________ were taken to avoid committing the offence (cant use due diligence)
law does not specify which ____________ offences are strict liability or absolute
Example: Absolute liability offenses include speeding, yielding to traffic and failure to
stop at a red light
prison term for an absolute liability is _________________.
Parties to an Offence
Aiding or Abetting
__________________ means to help someone commit a crime
__________________ means to encourage someone to commit a crime
Accessory After the Fact
Helping someone escape (includes providing food, clothing of shelter)
Harbouring a criminal

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