Thursday, October 10, 2013

Conspiracy...



Terrorists plotting to hijack planes, robbers planning out their scheme for a bank heist. That's probably what comes to your mind when you think of conspiracy right? Well, actually conspiracy can range from minor things like shoplifting all the way to stuff like hijackings. A conspiracy is when two or more people agree to commit a crime some time in the future.

Should I do it?



When a person comes dangerously close to committing a crime and intends to do so, but is unable to carry it out; that is an attempt. We have freedom of thought, which allows us to think whatever we want in our heads. But if you act on something that can cause harm to others, then there's a problem. Charges for attempt are usually less severe than if the action got carried out all the way.

Recklessness



What comes to mind when you think of someone being reckless? Driving at speeds above the posted limit perhaps? Throwing a water bottle into a crowd of people during a concert? Well those are just two examples of what can be defined as recklessness. Recklessness generally involves someone doing something even though they know consciously what the risks involved with their action.

Wilful Blindness

Has any ever pretended not to see something bad you did, or pretended not to hear something you said? Well guess what? They are actually breaking the law since they are putting themselves in a position of ignorance even though they should be aware of being liable. Bet you didn't know THAT!

Actus Reus and Mens Rea



Sounds pretty cool right? Actus reus is the Latin term for the "guilty act". This needs to work in conjunction with being proved beyond a reasonable doubt and mens rea. The terms actus reus and mens rea are derived from the principle stated by Edward Coke- "actus non facit reum nisi mens sit rea" which means "an act does not make a person guilty unless the mind is also guilty".

Tuesday, October 8, 2013

Hybrid Offences



When you think of hybrid, what comes to mind? Cars perhaps? The Toyota Prius? What makes it a hybrid car? It is called a hybrid because it uses both an electrically driven motor and a conventional gas engine. The same thing can also apply to types of crimes. Charges for offences can be a mix of both summary and indictable offences. Depending on the charges laid against the person, the crown counsel can decide which class of offence the crime should belong to.

Indictable Offences

An indictable offence in Canada is the equivalent to a felony in the States. Charges are laid against crimes that are deemed serious. What types of crime are serious? Murder, rape, robbery, assault, yeah those types of crimes. There are no limits to when charges can be laid and police do not require a warrant for arresting under an indictable offence.

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