Domestic and International Criminal Law - Week 2

In offenses requiring the accused to be found in certain circumstances, what do the circumstances refer to?

Question

Person being somewhere, being something, or being in a type of situation

Answer

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Created by

Kia SJ

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Questions in this set (67)

In offenses requiring the accused to be found in certain circumstances, what do the circumstances refer to?

Person being somewhere, being something, or being in a type of situation

What are the two elements of a crime?

Actus reus and mens rea

What does 'actus reus' mean?

Guilty act

What does 'mens rea' mean?

Guilty mind

According to section 201(2)(a), what constitutes an offense related to gaming and betting?

Being in a common gaming house or common betting house without lawful excuse

According to section 201(2)(b), what action by an owner, landlord, or tenant constitutes an offense related to gaming and betting?

Knowingly permits a place to be used for a common gaming house or common betting house

When performing the actus reus, when must the defendant possess the required mens rea?

Simultaneous

In a criminal offense, who must prove both actus reus and mens rea?

The Crown

What action related to weapons is an offense under section 89(1) regarding public meetings?

Carrying a weapon while attending a public meeting

What can actus reus refer to?

Action, circumstances, result

In offenses requiring a specific result/consequence, what condition must be met for the offense to be complete?

The result/consequence must occur

What constitutes the actus reus?

The conduct itself

According to the text, what action constitutes perjury?

False statement

According to section 222(1) of the Criminal Code, what action constitutes homicide?

Causes the death of a human being

Besides actions, what else can actus reus cover?

Omission or failure to act

According to section 267, what action during an assault constitutes an indictable offense?

Causes bodily harm to the complainant

Who can be held culpable for an omission?

Persons who had the duty to act

In assault causing bodily harm, what type of causation is key?

Factual causation

What is the 'but for' test for factual causation?

But for the defendant's conduct, the result would not have happened

In criminal offenses, what is the 'mens rea'?

Mental element the Crown must establish in criminal offenses

According to R. v. Nette, what level of contribution to a death is sufficient for causation?

Contributing cause of death, outside the de minimis range

What mental elements can establish 'mens rea'?

Intentionally, recklessly, with knowledge, or with wilful blindness

According to 215 (1) CanCrimC, what is every parent's legal duty?

Provide necessaries of life for a child under 16

What are the two types of mens rea?

Subjective and objective

According to 217 CanCrimC, what kind of duty do lifeguards and EMTs have?

Occupational duty to act

In criminal law, what is willful blindness?

A state of recklessness

What does 'subjective mens rea' refer to?

Internal to the accused

In determining causation, what level of significance must the accused's acts have in causing the result?

Acts don't need to be the sole reason, but a significant cause

What does 'objective mens rea' involve?

Outward looking, reasonable person test

According to 216 CanCrimC, what duty is there when providing medical treatment?

Reasonable care

What is the 'thin skull principle' in legal causation?

Take the victim as he finds him

What does 'mens rea' generally refer to?

Guilty mind

What is the focus of legal causation?

Concerns the legitimacy of holding an accused morally responsible

In the context of negligence, what level of departure from the standard of care is required?

Marked departure from reasonable care

If an offender's unintended result causes harm, are they relieved of legal responsibility?

No relief from legal responsibility

What type of intervening act breaks the chain of causation?

Independent intervening act

What is the focus when analyzing legal causation?

Identifying if an intervening act broke the causation link

In legal terms, what does 'intent' require?

Consciously or deliberately intended to bring about the prohibited consequence

What is the primary analytical tool used to determine if an intervening act broke the chain of causation?

Was the intervening act reasonably foreseeable?

Besides direct intent, what else can establish intent?

Foresees consequence is certain to result from an act

If an intervening act was reasonably foreseeable, what is the effect on the chain of causation?

Chain of causation is not broken

What happens if an intervening act is independent and overwhelms the offender's act?

Chain of causation is broken

Which cases are examples of marked and substantial departure from the standard of care?

R. v. Hundal (1993); R v. JF (2008)

What does knowledge, as a form of subjective mens rea, require proof of?

Accused knows the probability that the prohibited consequences or circumstances exist

According to R. v. Creighton (1993), under what condition are personal circumstances considered in negligence?

Incapacity to appreciate conduct and consequences

What Canadian Criminal Code provisions maintain causation?

CrimC 224 and 225

What are the two types of causation?

Factual and Legal

What two elements generally comprise crimes?

Actus reus and mens rea

When does 'wilful blindness' arise?

Declines to make inquiry to avoid knowing the truth

What is the standard of proof required for conviction?

Beyond a reasonable doubt

What is the essence of 'wilful blindness'?

Deliberate decision not to know prohibited circumstances

According to section 225, what type of medical treatment still holds a person responsible for a death resulting from a bodily injury?

Good faith treatment

What is the subjective element of 'recklessness' in criminal mens rea?

Aware of danger, persists despite the risk

What characteristic must the actus reus possess?

Voluntary

How is recklessness defined in terms of risk?

Sees the risk and takes the chance

In the case of death from treatment of injury, is legal causation maintained?

Legal causation maintained

What elements can the actus reus be comprised of?

Prohibited conduct, circumstances, omission, result/consequence

What constitutes perjury according to section 131(1)?

False statement under oath

For offenses requiring a specific result, what must be proven?

Causation of fact and law

Are many offenses comprised of more than one element?

More than one element

Must the actus reus always be voluntary?

Voluntary

What does subjective mens rea comprise?

Intent, knowledge, willful blindness, recklessness

What two conditions should the actus reus of a crime require?

Human conduct, committed voluntarily

What is the definition of voluntary action?

Result of voluntary muscle contraction

What must a person generally have to be found guilty?

Specific mental state

What are the exceptions to the requirement of mens rea?

Strict and absolute liability offences

If legal provisions do not spell out the required mens rea, what is presumed?

Subjective fault