CRIM 230 Midterm Important

Actus Reus

Elements of an offence that must be proved (including voluntariness) before an accused person may be convicted of the particular offence

Men’s Rea

Mental elements (other than voluntariness) contained in the definition of any particular criminal offence that the Crown must prove before an accused person may be convicted of that offence

Three components of actus reus

Conduct, consequences, circumstances

Conduct

A voluntary act or omission (an exercise of free will)

Consequences

A result or outcome that follows a criminal act or omission (sometimes essential to establishing mens rea)

Circumstances

The relevant or “material” elements that the Crown must prove

Voluntariness

Basic requirement of criminal law that an accused person’s conduct be the product of their own free will

But-for Test

“But for” the accused’s conduct, the prohibited consequences would never have occurred

Charter Section 7

Right to life, liberty and security of the person

Charter Section 8

Right to be secure against unreasonable search or seizure

Charter Section 9

Right not to be arbitrarily detained or imprisoned

Charter Section 10

Right on arrest or detention a) to be informed promptly of the reasons therefor b) to retain and instruct counsel without delay and to be informed of that right c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful

Charter Section 11

Trial procedures – trial within a reasonable time, presumption of innocence, non-compellability of accused, double jeopardy, reasonable bail, jury trial

Court Hierarchy

Supreme Court of Canada

Federal Court of Appeal

Federal Trial Court

BC Court of Appeal

BC Supreme Court

Provincial Court

The Test in Nette

The accused’s conduct must constitute “a significant contributing cause” – this test of factual causation replaces Smithers test & applies to all criminal charges involving homicide (2nd degree)

The Test in Harbottle

The accused’s conduct must constitute a “substantial and integral cause” – test of legal causation applies only to 1st degree murder; applied only after Nette test has been applied successfully