LAWS 2302 Lecture Notes - Lecture 2: Quasi, Misdemeanor, Indictable Offence
22 Jan 2016
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Document Summary
A crime occurs when a person commits an act or fails to commit an act when under a legal responsibility to do so. A crime has the intent, or mens rea to commit the act. A crime does not have a legal defense or justification for committing the act. A crime violates a provision in criminal law. The actual commission of an act is called actus reus and the mental element of an offence is called mens rea. It is the intention to commit a crime. Eg: if someone is arrested in miami but committed a crime in arizona. The prisoner will be taken to arizona for their charges. The criminal code was administered in each province. The federal justice tries to extend its power towards provincial laws. Driving in a reckless manner is under provincial jurisdiction. Criminal law is strictly within the jurisdiction of the federal government. It means that only the federal government can pass criminal law.
