Legal requirements of offence and found in statute

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Reference no: EM133523388

Questions

1. Elements of the Offence are: Legal Requirements of the Offence and Found in the statute (and the way the statute has been interpreted).

True or False

2. Two essential Elements of an Offence are: Actus Reus, and Mens Rea.

True or False

3. Provide definitions for:

ACTUS REUS -

MENS REA -

5. Name the three parts to Actus Reus (a hint it's the three C's):

6. A voluntary act or omission does not speak to Conduct of an offence.

TRUE FALSE

7. Circumstances that surround the act make it criminal.

TRUE FALSE

8. Certain crimes require particular harm to have been caused as Consequences.

TRUE FALSE

9. Certain crimes do not include consequences e.g. perjury, attempted murder, (sometimes called conduct crimes).

TRUE FALSE

10. In order to prove beyond a reasonable doubt, the onus is on the Crown.

True False

11. In order to obtain a conviction the Crown must prove beyond a reasonable doubt that each and every element of the offence with which the accused is charged was in fact committed by the accused.

TRUE FALSE

12. The levels of Mens Rea (Culpability) are to do something Purposely, Knowingly, Recklessly, Negligently, and open to Strict
Liability.

TRUE FALSE

13. Vicarious Liability is not Strict Liability for another person's crime.

(Bar owner allows a patron who is drunk to drive his car home).

TRUE FALSE

14. Components of Actus Reus are; Conduct, Circumstance, and Consequences.

TRUE FALSE

15. Conduct considers act or omission. Note same act may be crime in some circumstances, non-criminal in other circumstances.

TRUE FALSE

16. Circumstances surround the act do not make it criminal.

TRUE FALSE

17. Consequences require certain harm to have not taken place.

TRUE FALSE

18. There are three types of criminal offences: Summary Conviction being one. Name the remaining two:

19. In Dual Procedure (hybrid) offences who makes the decision as to how the charge will proceed in court?

Reference no: EM133523388

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