CRIMINAL CODE

Summary Conviction Offences

QUASI-CRIMINAL LAW

Hybrid Offences

Indictable Offences

MOTIVE ACTUS REUS MENS REA

INTENT KNOWLEDGE RECKLESSNESS

GENERALSPECIFIC

Review Questions:

Answer:

Pg. 113 ONLY Qs. 2, 3, 4, 5, 7, 9

If you need All About Law, Use:Pgs. 108-112

Question 2

• Actus Reus is also related to the concept of negligence. Negligence is defined as failing to use reasonable care, resulting in damages or an injury to someone else.

• In terms of criminal offences, examples include omission crimes and failing to provide what you are legally obligated to provide

• > > > Ex. Parents failing to provide the necessities of life to their children.

Question 3 & 4

• Intent: Purpose of an act– General: An act limited to the single action (Stealing)– Specific: Acts, reliant on one another, resulting in a crime (Break

AND Enter)

• Knowledge: knowingly committing an act– Credit Card or mail fraud

• Motive: Reason for committing an act– Wanting to steal property or harm someone

• Recklessness:– Understanding the risks of their actions, while not intending to

hurt someone

Question 5• Motive can be used (or is used) in criminal trials as

circumstantial evidence.– Circumstantial evidence is used to show guilt although

it uses no physical evidence (and, in addition, cases are rarely won based only on circumstantial evidence). Examples include hearsay, seeing a person leave the scene of a crime without seeing the crime take place etc.

• Motive can be used at sentencing.– How would motive help or hurt a criminal at

sentencing?

Question 7

• Only Actus Reus must be proven.• They exist to remove defence, or the defence of,

due diligence.– This may help limit the number of cases where those

in positions of power do the bare minimum, legally. to stop a situation from transpiring.

– Because absolute liability cases rarely can be defended, they do not carry prison terms. They are seen as “criminal,” but less severe, than indictable offences…

Question 9• Individuals can be charged with conspiracy

when they have agreed to commit a crime, whether or not they carry out that crime in the future.

– Examples include conspiracy to murder someone, commit fraud, kidnapping, treason, etc.

• Jokes or threats are not considered conspiracy.