Definitions
It refers to the mental state of the person committing the crime.
Mens rea
Accused of shooting and killing his grandfather. He had his friend drive him to the police station. Suffered from schizophrenia and was deemed NCR and let off of all charges
R v. Molodwic (2000)
Second Degree Murder
The person who is alleged to have committed the criminal offence
Accused
What is the purpose of sentencing options?
For first time offenders and to re integrate and habilitate back into society
What age groups are under YCJA?
ages 12-17
causing harm without the intention of causing death
manslaughter
The accused was intoxicated, then attempted to take over a friends truck which then caused death. The accused was acquitted of impaired driving charges and received a reduced sentence of 3 years.
R v. Wilson (2001)
Dangerous Driving Causing Death
A lawyer paid by Legal Aid Ontario to help the accused who cannot afford a defence counsel
Criminal Duty Counsel
Court orders to complete a certain number of hours based on the criminal offence.
Community service
If one is of the ages 12-15 where would one be tried?
Family court
Proving to a judge that there is enough evidence that a reasonable jury would find the accused guilty
prima facie
Was a result in Parliament amending section 529.1 of the Canadian Criminal Code to make it clear that the common law power to arrest on private property must comply with the Charter of Rights and Freedoms. Now, police must exercise their power to enter private houses to arrest a suspect under Feeney warrants.
R. v. Feeney, [1997] 2 SCR 13
Is provincially appointed judicial officer who is often the first (and sometimes only) judicial officer that a member of the public will meet
Justice Of The Peace
Period of supervision over an offender ordered by the court instead of serving time in jail.
Probation
What rules are the same for adults and the YCJA?
Have access to legal aid
No preliminary hearing is held
Judge alone conducts all trials.
No jury trials.
The jurors retire to reach a verdict
Sequestered
A citizen complained that things were stolen then at the crime scene a letter was found left by the accused. The accused had under went 3 brain surgeries and sever beatings while being held in an Iranian prison. The accused was later acquitted of all crimes due to the lack of evidence
Breaking and Entering
This person who agrees to ensure that an accused person attends court as required until the case is over
Surety
Safe space where people are able to address anger issues
Anger Management
If the charge is more severe what changes in the court?
The accused is then tried as an adult.
when the defence tries to use the defendant's mental state in court
Automatism
The accused and his gang pretended to be the police and invaded the house of a man. They sereched the whole house looking for money and or drugs. The Appeal Court replaced serious weapon charges with less serious charges of weapon and assault.
R v. Bernier
(2001)
Robbery, Assault, Breaking and Entering, and Possession of Stolen Property
This person assists the judge by keeping the court in order
Court Service Officer
Approach to justice that focuses on addressing the harm caused by holding the offender responsible for their actions.
Restorative Circle
to deal with youth as quickly as possible so they can return home fast is called
Intent