CRIM 230 Study Guide - Midterm Guide: Indictable Offence, Precedent, Actus Reus
21 Oct 2016
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Document Summary
Refers to the relationship between individuals and the government. Criminal law is treated as a wrong against society as a whole. Defining a crime in canada: conduct that is prohibited because it has evil or injurious or undesirable effect upon the public, a penalty that may be imposed when prohibition is violated. Historical decisions by judges on similar issues or facts. Based on fairness: we should be treated the same way. However, mitigating and aggravating factors need consideration. Circumstances that make someone"s actions more reasonable or understandable. Circumstances that make someone"s actions more reprehensible, more serious. Intentional application of force (or threat there of) The application of force, or the reasonable belief that the accused had the present ability to apply force. The owner is deprived of use, ownership etc. General rule: there"s no criminal or civil liability for failure to act, unless there"s a pre-existing duty.
