criminal law and summary convictions

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15 Terms

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Bail

The release of an individual from custody, often under certain conditions, pending trial.

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Right to Silence

The right of an accused to remain silent and not self-incriminate during legal proceedings.

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Mens Rea

The mental state or intent of a person at the time of committing a crime, often termed as 'guilty mind'.

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Actus Reus

The physical act or conduct that constitutes a criminal offense.

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Disclosure

The duty of the Crown to provide evidence and information that is relevant to the case to the defense.

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Plea Bargain

An agreement in which an accused pleads guilty to a lesser charge in exchange for a lighter sentence.

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Standard of Proof

The level of certainty required in a criminal trial, which is 'beyond a reasonable doubt'.

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Plea

The formal statement made by an accused regarding the charges, either guilty or not guilty.

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Causation

The relationship between the act and the resulting consequence, establishing that the act caused the outcome.

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Preliminary Inquiry

A hearing to determine if there is enough evidence to proceed to trial in a criminal case.

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Disclosure Package

The collection of evidence and information provided by the Crown to the defense in a criminal proceeding.

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Guilty Plea

A formal admission of guilt by the accused, which must be voluntary, informed, and unequivocal.

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Crown

The representation of the state in legal proceedings, responsible for prosecuting criminal cases.

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Hybrid Offences

Criminal offenses that can be prosecuted either as summary or indictable offenses based on the choice of the Crown.

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Court Elections

Decisions made regarding the level of court to be used for prosecution and whether to go for indictable or summary trial.