Law 2101 Lecture Notes - Lecture 11: Extortion, Youth Criminal Justice Act, Actus Reus
30 Mar 2018
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Document Summary
An act or omission considered to be a wrong against society. Reserved for the most serious harms in society. Civil cases brought by individuals: smith v. jones. Criminal cases brought in the name of the state: the queen against jones (r. v. jones). Criminal case is a prosecution, not an action. Person is being prosecuted or charged, not sued. Judge will make decision using balance of probabilities. Guilt must be proven by the crown beyond a reasonable doubt. Criminal law is a federal matter in canada, the same criminal law applies across the entire nation. In either the controlled drugs and substances act or the criminal code. You must be in canada at time of offense to be subject to canadian criminal law. No limitation period (statute of limitations) for indictable offences. Person has to be charged within 6 months. Crime consists of physical elements and mental elements. Actus reus: the physical elements of the crime.
