Criminal Law & International Criminal Law – Core Vocabulary

Key terms and concise definitions spanning Canadian substantive criminal law, procedure, defences, evidence, sentencing, and core concepts of international criminal law.

Actus Reus (AR)

The prohibited conduct or external element of a crime that must be proven beyond reasonable doubt.

Mens Rea (MR)

The ‘guilty mind’ or fault element that must accompany the actus reus for criminal liability.

Coincidence Principle

Rule that AR and MR must coexist at the same time for a conviction.

Summary Offence

A minor criminal offence tried without jury using expedited procedures and lower maximum penalties.

Indictable Offence

A serious criminal offence carrying higher penalties and full procedural safeguards (e.g., jury trial).

Hybrid (Either-Way) Offence

An offence that can be prosecuted summarily or by indictment at the Crown’s election.

Voluntariness

Requirement that the defendant’s conduct be the product of a willing mind at liberty to choose.

Causation

Link between the accused’s conduct and the prohibited result; includes factual and legal aspects.

Thin Skull Principle

Doctrine that a defendant must take the victim as found, including hidden vulnerabilities.

Direct Intention

Conscious desire to bring about a prohibited consequence.

Oblique (Indirect) Intention

Foresight that a consequence is virtually certain, even if not the primary aim.

Knowledge (Mens Rea)

Awareness of the existence of circumstances constituting an offence.

Wilful Blindness

Deliberate avoidance of inquiry where there is suspicion of offending facts; treated as knowledge.

Recklessness

Subjective awareness of risk and conscious decision to proceed regardless.

Criminal Negligence

Marked and substantial departure from the standard of care a reasonable person would observe.

Specific Intent Offence

Crime requiring intention to produce a further or ulterior result (e.g., murder, theft).

General Intent Offence

Crime satisfied by intention to perform the act itself without ulterior purpose (e.g., assault).

Transferred Malice

Doctrine transferring intent from the intended victim to the actual victim of the same offence.

Manslaughter

Culpable homicide that lacks the specific mens rea of murder; may be unlawful-act or negligence based.

Provocation (Partial Defence)

Heat-of-passion response to a wrongful act/insult punishable by ≥5 years, reducing murder to manslaughter.

Theft

Fraudulent taking or conversion of property with intent to deprive the owner, temporarily or permanently.

Robbery

Theft accompanied by violence or threats of violence to person or property.

Assault (s. 265)

Intentional application of force, attempt or threat of force, or accosting while openly carrying a weapon.

Aggravated Assault

Assault that wounds, maims, disfigures or endangers life; punishable up to 14 years.

Sexual Assault

Intentional application of force of a sexual nature without the complainant’s consent.

Consent (Sexual Offences)

Voluntary agreement to engage in sexual activity; absent if unconscious, incapable, or induced by abuse of power.

Possession (Drugs)

Personal, constructive, or joint control of a substance with knowledge of its character.

Trafficking

Selling, giving, transporting, or offering to do so with a controlled substance.

Strict Liability Offence

Crime requiring proof only of AR; accused may avoid liability by showing due diligence.

Absolute Liability Offence

Offence requiring proof of AR only with no defence of due diligence; imprisonment penalty may breach Charter.

Attempt (s. 24)

Act done beyond mere preparation with intent to commit an offence, even if completion is impossible.

Conspiracy

Agreement between two or more persons to commit an offence, coupled with intent to carry it out.

Counselling (s. 22, 464)

Procuring, soliciting, or inciting another to commit an offence; liable even if offence not completed.

Aiding

Providing assistance to the principal offender knowing their intent.

Abetting

Encouraging or instigating the principal offender with knowledge of the offence.

Accessory After the Fact

Assisting an offender, knowing they committed a crime, to evade arrest or punishment.

Principle of Opportunity

Discretionary approach allowing prosecutors to proceed only if reasonable prospect of conviction and in the public interest.

Bail (Judicial Interim Release)

Pre-trial release presumptively available unless Crown shows detention justified under s. 515(10).

Preliminary Inquiry

Screening hearing in serious indictable matters to assess if evidence is sufficient to commit accused to trial.

Intoxication (Defence)

May negate mens rea for specific-intent offences; generally unavailable for general-intent violent crimes.

Mental Disorder Defence (s. 16)

Not criminally responsible if, due to disease of mind, incapable of appreciating nature/quality of act or knowing it was wrong.

Necessity (Defence)

Excuse for illegal act committed to avert immediate peril where compliance would impose intolerable burden.

Duress (Defence)

Compulsion by threats of death or serious harm where accused has no safe avenue of escape and crime not excluded by statute.

Self-Defence (s. 34)

Reasonable force used to repel imminent threat to person (or certain property) where no alternative exists.

Hearsay

Out-of-court statement tendered for its truth; generally inadmissible unless an exception applies.

Similar-Fact Evidence

Evidence of past misconduct admissible only if probative value outweighs prejudicial effect.

Expert Opinion Evidence

Specialised testimony admissible if relevant, necessary, from a qualified impartial expert and its value outweighs risk.

Principle of Proportionality (Sentencing)

Sentence must be proportionate to the gravity of the offence and the offender’s degree of responsibility.

Conditional Sentence

Custodial term (<2 years) served in the community under strict conditions; breach may activate imprisonment.

Mandatory Minimum Sentence

Statutory floor below which judges cannot go; may raise constitutional concerns and limited deterrent effect.

War Crime

Serious violation of IHL (e.g., grave breach of Geneva Conventions) committed with nexus to armed conflict.

Crime Against Humanity

Widespread or systematic attack against a civilian population, involving enumerated acts with knowledge of the attack.

Genocide

Acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.

Crime of Aggression

Leadership-level planning or execution of a manifestly unlawful act of aggression violating UN Charter Art 2(4).

Joint Criminal Enterprise (JCE) I

All participants share same intent to commit a crime pursuant to a common plan.

JCE II (Systemic)

Participation in an institutional system of ill-treatment with awareness of its nature.

JCE III (Extended)

Liability for foreseeable crimes carried out by a co-participant beyond the common plan.

Command Responsibility

Liability of superiors who knew or should have known subordinates were committing crimes and failed to prevent or punish.

Complementarity (ICC)

Principle that ICC jurisdiction is inadmissible if genuine national proceedings are ongoing or completed.