Difference between “mental illness” and “mental disorder”
Mental disorder – defined in the Criminal Code as a “disease of the mind” (legal term in which mens rea cannot be proven e.g. depression)
Mental illness – a health condition that changes a person's thinking, feelings, or behavior (or all three) and that causes the person distress and difficulty in functioning (medical term) Difference between absolute liability offences and strict liability offences
Absolute liability offences – offences that do not require mens rea and to which the accused can offer no defence
Strict liability offences – offences that do not require mens rea but to which the accused can offer the defence of due diligence (the defence that the accused took every reasonable precaution to avoid committing a particular offence).
Only federal government can create laws that result in a criminal record.
Only the actus reus component needs to be proved in provincial offences NOT MENS REA! Police right to search – A police officer has the right to search you or your car or home if they have reasonable grounds which is information that would lead a reasonable person to conclude that the suspect had committed a criminal offence and probable grounds. Criminal equation with respect to criminal offences –
Actus reus - "the guilty act" + Mens rea – “the guilty mind” = CRIME!! Age Criteria re: young offenders – under the Young Offenders Act, a person, at least 12 years of age and under 18, who the breaks the law is considered a young offender. If a person 11 years old or younger commits a crime will not be charged with criminal offence or be locked in prison but he or she might be locked up in a mental institution. If someone 12-17 years old is charged with a criminal offence is charged with a criminal offence they will be treated more leniently than adults. What is diversion in sentencing? –
The program is a voluntary option offered by the Crown Attorney's office for those accused of minor offences. The offender completes a program and it is only available for those who commit summary offences.
For example, extrajudicial sanctions – participating in community-based programs instead of going to court
To get involved in a positive manner with the offender, with the goal of encouraging the avoidance of further criminal activity. o
To provide the opportunity for offenders to avoid obtaining a criminal record while still being held accountable for their actions. o
To benefit the community through various measures; e.g. charitable donations, community service work. Forms of Sentences –
Absolute discharge – releasing a convicted offender and erasing the criminal record after one year ♦
Conditional discharge – releasing a convicted offender under certain terms, and erasing the criminal record after three years if the terms are met ♦
Probation – a sentence that allows a person to live in the community under the supervision of a parole officer ♦
Fines – specific amounts of money paid as penalties for offences ♦
Incarceration – imprisonment for a specified period
Interdeterminate sentence – a sentence of an indefinite period of time ♦
Concurrent sentence – sentences served at the same time ♦
Consecutive sentence – sentences served one after another ♦
Intermittent sentence – a prison sentence of 90 days that can be served on weekends and at night ♦
Deportation – a sentence of expulsion from the country Limitation period for summary criminal offences – Limitation periods are set out in the Criminal Code and the accused must be charged with a summary conviction within 6 months after the act happened. Differences between summary criminal offences and indictable offences – ♥
Summary criminal offences – a crime that is considered less serious and carries a lighter ♥
Indictable offences - a more serious crime that carries a heavier penalty “Hybrid” offence –
An offence that the Crown can decide to...
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