SOLUTIONS VERIFIED LATEST UPDATE
who does the criminal code serve?
- those who enforce it (police, judges)
- those who are protected by it
- those who commit offences
how is the criminal code arranged?
- parts
- outline procedures
- precedent
- defences
what is the criminal code?
piece of legislation (statute)
- governs crim offences in Canada (federal)
- sets out crim offences, some defences, and various procedures
what is a criminal offence?
violation of the law, specific section, crim code
what is a criminal defence?
justification for committing an offence (excuse)
how is the criminal code organized?
,- parts: divided by themes
- sections: the actual law
> can be broken into subsections
>>may contain clauses
types of sections in the criminal code
- general
> definitions
> setting the frame work
> other things to know
- sec that create offences
- sec that create punishments
- sec that create defences
- sec that outline processes
commentary
not the law, but the discussion of the law by authors of the annotated CC
> helps outline actus reus and mens rea
case law
outlines important cases relevant to that section, group by themes
related provisions
outlines the other sections of the criminal code that are related to this section
Actus Reus
proof of criminal conduct
mens rea
, proof of criminal intent
2 types of mens rea
- general intent
- specific intent
judge-made law
codified and case law
R. v. Libman
to make an offence subject to the jurisdiction of the Canadian courts, requires that a
signif. portion of the activities constituting the offence take place in Canada.
There must be a real and substantial link between an offence and the country
S. 1
Short titles
S. 2
definitions
Bodily harm
means any hurt or injury to a person that interferes with the health or comfort of the
person and that is more than merely transient or trifiling in nature
complainant
means victim of an alleged offence
count
means a charge in an info or indictment
day
means the period between 6 in the forenoon and 9 in the afternoon of the same day