10: ELEMENTS OF A CRIME by Steven Jones https://padlet.com/steven_jones2/x9ne1k7pmtfc LAW CLU4U en-us 2018-03-08 00:17:55 UTC 2018-10-09 13:58:06 UTC hello@padlet.com 1) What two conditions must exist simultaneously for an act to be a criminal offence? steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455665  Two things must be present for an act to be considered a crime, actus reus and mens rea. Actus reus is the guilty act itself, and mens rea refers to the mental intent to commit the crime, or a degree of recklessness that a reasonable person would consider inappropriate.
 ]]> 2018-03-08 00:20:04 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455665 2) What does s.11(d) of the Charter state? What effect does this section have on a finding of guilt? steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455718
s. 11 Any person charged with an offence has the right ...
(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal
Section 11(d) applies if you have been charged with an offence. There are three important components to this right, and they must occur together:
  1. You must be presumed innocent until proven guilty;

  2. You must have a fair and public hearing; and

  3. You must be judged by an independent and impartial tribunal.

]]> 2018-03-08 00:20:29 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455718 3) What are the two possible elements of actus reus? steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455766 Actus reus is the guilty act of the crime itself.]]> 2018-03-08 00:20:50 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455766 4) What are the two possible elements of mens rea? steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455813  mens rea refers to the mental intent to commit the crime, or a degree of recklessness that a reasonable person would consider inappropriate. Knowledge that something is a crime can be used to establish mens rea, if the guilty act itself is committed and having a motive to commit ]]> 2018-03-08 00:21:09 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455813 5) With respect to mens rea, differentiate between the following: (a) General Intent(b) Specific Intent (c) Knowledge (d) Motive (e) Recklessness steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455871 General Intent -  the prosecution must prove only that the accused meant to do an act prohibited by law. 
Specific Intent -  commonly used in criminal and Tort Law to designate a special state of mind that is required, along with a physical act, to constitute certain crimes or torts. 
Knowledge -   is one of the degrees of mens rea that constitute part of a crime. 
Motive -  the cause that moves people to induce a certain action. 
Recklessness -   the person knew (or should have known) that his or her action were likely to cause harm. ]]> 2018-03-08 00:21:30 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239455871 6) Define the following: (a) Strict Liability Offence:In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offense (b) Absolute Liability Offence:Absolute liability is a standard of legal liability found in tort and criminal law of various legal jurisdictions. To be convicted of an ordinary crime, in certain jurisdictions, a person must not only have committed a criminal action, but also have had a deliberate intention or guilty mind (mens rea).(c) Attempt:make an effort to achieve or complete (d) Conspiracy:a secret plan by a group to do something unlawful or harmful steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456017  ]]> 2018-03-08 00:22:24 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456017 7) What does it mean to be a "party to an offence?" steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456074  To be convicted as a party to an offence is when you aren’t convicted in the principle terms but were instead involved in the crime and charged as a group or along with the principle offender.]]> 2018-03-08 00:22:48 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456074 8) Define the following: (a) Aiding and Abetting (c) Accessory After The Fact steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456157 Aiding refers to the direct assist in committing a crime and abetting refers to encouraging someone to commit a crime. 

Assistance to someone that has already committed a crime is accessory after the fact.

]]> 2018-03-08 00:23:16 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456157 9) What level of government has jurisdiction over (a) Criminal Law? (b) Administration of Justice in a province? steven_jones2 https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456330 A) This level of government would be federal. B) However, the provincial government is responsible for the administration of justice, such as the police.]]> 2018-03-08 00:23:55 UTC https://padlet.com/steven_jones2/x9ne1k7pmtfc/wish/239456330