Criminal Law Chapter 6: The Nature of Crime

The body of laws that prohibits and punishes acts that injure people, property, and society as a whole.

A wrongful act that is prohibited by law. It can be a voluntary action, an omission, or a state of being.

The guilty mind. It means the act was intentional, knowing, negligent, reckless or willful blind.

The desire to commit a wrongful act, with no ulterior motive or purpose.

The desire to commit one wrongful act for the sake of accomplishing another.

The reason a person commits a crime.

A deliberate closing of one’s mind to the possible consequences of one’s actions.

Acts that do not require Mens Rea, but the accused can offer the defence of due diligence.

Acts that do not require Mens Rea and to which the accused can offer no defense.

The person who actually commits the crime.

The crime of encouraging the perpetrator to commit an offence.

A crime that involves advising, recommending, or persuading another person to commit a criminal offence.

Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police

The intention to commit a crime, even when the crime is not completed.

Agreement between two or more people to carry out an illegal act, even if that act does not actually occur.

A form of unlawful killing that occurs when the offender did not intend to cause death but their actions were reckless or negligent, resulting in a death.

Assault involving the use of a weapon, threats to a third party, or causing bodily harm. It's a hybrid offense, with a maximum penalty of 10 years imprisonment.

A form of sexual assault that involves any touching of a sexual nature without consent. It can range from a simple touch to a serious assault and is considered a hybrid offense.

This level of assault causes severe harm, potentially endangering the life of the victim.

This type of sexual assault involves the use of a weapon, threats to a third party, or causing bodily harm to the victim. It is a hybrid offense with a maximum penalty of 14 years.

It involves causing severe harm or endangering the life of a victim during a sexual assault. This is an indictable offense with a maximum life sentence.

This is a defence against charges of sexual assault, but there are three key exceptions where it may not be applicable.

Although not directly a crime, counseling or assisting a person to commit suicide is considered an indictable offense.

Assault is a violent crime that falls into three levels. Each level has a different set of consequences for the accused.

The three levels of assault are differentiated by their severity and potential impact on the victim. From minor physical contact to life-threatening harm, each level carries specific consequences.

The area where a crime occured, including the immediate surroundings. It can include both the location of the crime and any possible escape routes.

The act of protecting a crime scene to prevent any alteration or destruction of evidence. This usually involves setting up boundaries and limiting access to authorized personnel.

The area directly linked to where the crime happened. It's the heart of the crime scene.

The area surrounding the 'centre', where the suspect may have entered or exited, or left traces of evidence. This also includes possible escape routes.

The alteration, destruction, or loss of physical evidence. This can happen through accidental or intentional actions, and can significantly impact the investigation.

Any object, mark, or bodily element that can be used to prove or disprove facts in a criminal investigation. It's the puzzle pieces that connect the suspect to the crime.

The use of scientific techniques to analyze physical evidence to be used in criminal investigation. It helps answer the 'how' and 'who' questions in a crime.

The unique features that make an object distinguishable from others of the same type. They can be used to identify a particular object or person.

The general attributes of an object, such as type, model, or size. They don't uniquely identify an object.

A visible fingerprint, formed when a fingertip leaves residue (such as blood or grease) on a surface. These are readily visible to the naked eye.

An invisible fingerprint, formed by natural oils and perspiration left by a fingertip on a surface. These need special techniques to become visible.

A method of lifting latent fingerprints from non-absorbent surfaces. The powder adheres to the ridges of the print and can be lifted using tape.

A technique to lift latent fingerprints from absorbent surfaces by exposing them to iodine fumes. The fumes react with the oils in the print and make it visible.

A technique to reveal and photograph latent fingerprints using a laser beam. The laser light interacts with the oils in the print, causing it to glow and become visible.

A documented, unbroken record of everyone who has handled evidence from the moment it was collected. It ensures the integrity of the evidence and verifies its chain of custody.

The right for a detained or arrested person to remain silent and not answer police questions.

A questioning technique used by police to obtain the truth from a suspect by building trust and using open-ended, non-threatening questions in a four-stage approach.

The legal act of depriving someone of their liberty by seizing or physically touching them to indicate they are in custody.

Steps a police officer must take to make a lawful arrest: identify themselves, advise the accused, inform the accused, and physically touch the accused.

The legal act of depriving someone of their liberty for questioning, with or without physical restraint.

A legal document that compels an accused person to appear in court for less serious offenses.

A legal document issued for indictable offenses, ordering an accused person to appear in court.

A written court order directing the arrest of a suspect, based on reasonable grounds that they will not appear in court voluntarily.

A person responsible for preserving public peace, including police officers, mayors, and customs officers.

An arrest without a warrant made by a civilian, typically for crimes like shoplifting, under specific circumstances outlined in the Criminal Code.

A court document that gives the police the right to search a specific location, obtained by providing sworn information to a Judge or Justice of the Peace.

A temporary release of an accused person who posts money or other security as a guarantee to appear in court.

A judicial hearing where the Crown or accused must convince the Judge to detain or release the accused before trial.

A legal document that requires the Crown to produce a detained person in court and justify their continued detention.

A less serious crime that carries a lighter penalty, typically a fine and/or imprisonment for up to six months.

A more serious crime that carries a heavier penalty, ranging from fines to life imprisonment.

An offence that the Crown can choose to try as either a summary or indictable offence.

The unlawful killing of another human being, categorized as either culpable or non-culpable.

A culpable homicide where the accused can be held legally responsible for the death, due to intentional killing or reckless actions.

A killing that is not considered blameworthy, such as a death caused by an unforeseen accident.

A hybrid offence where a driver endangers others by failing to exercise the same care a prudent driver would under similar conditions.

A hybrid offence where a driver involved in an accident fails to stop, offer assistance, and provide their name and address. This is presumed to show intent to escape civil or criminal liability.

A hybrid offence involving driving under the influence of drugs or alcohol, with a blood alcohol concentration exceeding 80 milligrams per 100 millilitres of blood.

An indictable offence involving theft of personal property through violence or the threat of violence.

An indictable offence involving entering a premises without permission by breaking or opening something, with the intent to commit a crime.

A hybrid offence involving willfully destroying or damaging property, interfering with the lawful use of property or data, or interfering with someone's lawful use of property or data.

An offence under the Criminal Code involving intentionally deceiving someone to cause a loss of property, money, or service.

The act of engaging in sexual services for money.

A common bawdy, betting, or gaming house. These are places where people gamble or engage in other activities deemed disorderly.

The state of having knowledge of and control over something. In the context of drug offences, it refers to having possession of a controlled substance.

A criminal offence involving selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance.

Transferring cash or other property to conceal its illegal origin. This crime prevents criminals from hiding their ill-gotten gains.

The act of selecting individuals to serve on a jury. This process involves randomly selecting potential jurors from electoral polling lists.

The first stage of a criminal trial where the defendant enters a plea of guilty or not guilty.

A large group of randomly selected citizens from which jury members are chosen.

The right of the Crown or defence to exclude a potential juror for a specific reason, such as prior knowledge of the case, physical limitations, or criminal history.

A challenge that allows either the Crown or defence to reject a potential juror without providing a reason.

The Crown's responsibility to prove the guilt of the accused beyond a reasonable doubt.

Initial questioning of a witness by the lawyer who called them, focusing on their observations and testimony.

Questioning of a witness by the opposing lawyer to test the validity of their testimony and highlight any contradictions.

The right of the defence to request the dismissal of charges if the Crown fails to present sufficient evidence to prove guilt beyond a reasonable doubt.

A judge's decision to withdraw a case from the jury and declare the accused not guilty due to insufficient evidence presented by the Crown.

Evidence presented by the Crown to contradict evidence introduced by the defence.

The defence's response to the Crown's rebuttal, challenging their counter-evidence.