CRIMINAL CODE Summary Conviction Offences QUASI-CRIMINAL LAW Hybrid Offences Indictable Offences MOTIVE ACTUS REUS MENS REA INTENTKNOWLEDGE RECKLESSNESS.

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CRIMINAL CODE Summary Conviction Offences QUASI-CRIMINAL LAW Hybrid Offences Indictable Offences MOTIVE ACTUS REUS MENS REA INTENTKNOWLEDGE RECKLESSNESS GENERAL SPECIFIC

Review Questions: Answer: ONLY Pg. 113 ONLY Qs. 2, 3, 4, 5, 7, 9 If you need All About Law, Use: Pgs

Question 2 Actus Reus 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 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 Knowledge: knowingly committing an act – Credit Card or mail fraud Motive: Reason for committing an act Motive: Reason for committing an act – Wanting to steal property or harm someone Recklessness: Recklessness: – Understanding the risks of their actions, while not intending to hurt someone

Question 5 Motive Motive can be used (or is used) in criminal trials as circumstantial evidence. – 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 Actus Reus Only Actus Reus must be proven. due diligence. 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.