Criminal Law Quiz

Colour of Right

• Genuine belief that someone had permission/ownership to use an item (e.g., "Keep it" when asked to use a neighbor's lawn mower).
• Willful blindness: Willingly committing a crime while pretending not to know the consequences. This does not eliminate the intent (mens rea).

Indictable Offences (Serious Offences)

• Serious offences requiring fingerprinting, trial by jury, and legal representation.
• Examples: murder, crimes involving weapons, rape, arson.
• Exceptions: driving while disqualified, theft under $5000, fraud, mischief. (These offences may have different legal procedures)

Summary Offences (Lighter Offences)

• Lesser seriousness offenses, without fingerprinting and usually heard by a judge (not jury).
• Examples: public nudity, joyriding, causing a disturbance.

Aggravating Factors (Increasing Severity)

• Similar offenses previously committed.
• Targeting vulnerable victims.
• Significant role in the crime.
• Level of planning in the crime.
• Severity of harm caused.
• Use of weapons.

Mitigating Factors (Decreasing Severity)

• Young age of the offender.
• Self-defense.
• Remorse for the wrongdoing.
• Insignificant role in the crime.
• Lack of prior criminal record.
• Physical or mental illness.

Sentencing Circles

• [Note: Information is missing about specifics of these circles]

Burden of Proof

• Proof beyond a reasonable doubt is needed to establish criminal responsibility.
• The Crown (prosecution) is responsible for proving the case.
• Usually for bail to be denied.

Actus Reus

• The act of committing a crime, (physical action or failure to act).
• Physical act done.
• Failure to act.
• State of being. (being in a place that is unlawful).

Mens Rea

• The mental element of the crime - intention to commit the crime.
• Intent vs. Motive (The "why" vs the "how" of the crime).
• Negligence: Failing to take reasonable care.
• Recklessness: Being aware of the risk and disregarding it.
• Willful blindness (discussed above).

Liabilities (Strict and Absolute)

• Strict and absolute liability offences only require the act to be proven. Knowledge or intent might not be required.
• Due diligence as a possible defense in strict liability cases (taking every possible preventative measure).

Perpetrator, Aiding and Abetting

• Perpetrator = person actively involved in the crime.
• Aiding = helping the perpetrator with the crime; not necessarily physically present.
• Abetting = encouraging the perpetrator without physical involvement.

Parties to an Offense

• People indirectly involved in a crime, i.e., Accessories after the fact (someone who helps a perpetrator escape after the crime.)

Party to Common Intention

• Shared responsibility for subsequent crimes committed during the course of a planned crime (or initial crime plan).
• Exception: Murder.

Crime

• An act or omission punishable by law.
• The government's responsibility to investigate and enforce the law.

Absolute and Strict Liability

• Strict liability: No need for mens rea (intent) to be proven
• Absolute liability: No defense possible.

Alibi

• Proving that the accused was elsewhere at the time of the crime.

Culpable and Non-Culpable Homicide

• Culpable: Killing another person with intent. Subcategories include first-degree, second-degree, and manslaughter.
• Non-culpable: Killing another person without intent and without responsibility (e.g., self-defense, accident, military service).

Provocation

• An action inciting someone to lose self-control.

Corpus Delicti

• proving that the crime was committed in the first place.

Locard's Principle

• Evidence of perpetrator will always be left at crime scene and some evidence of the crime scene will be on the perpetrator.

State of Being

• A form of Actus Reus; being in a prohibited location or owing property.

Bail

• Release from custody while awaiting trial.
• Conditions for release may be given.

Parole

• Release from prison under specific conditions for good behavior. Different levels exist.

Youth Justice/Criminal System

• Specific offenses and processes and considerations for youth.

Wrongful Convictions

• Miscarriages of justice when someone is falsely convicted.