CRIM 101 Lecture Notes - Lecture 3: Actus Reus, Habeas Corpus, Summary Offence
24 Jun 2018
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Chapter 3:
Key Takeaways
• In Canada, the behaviors punishable law is described in the Criminal Code.
• There are two types of offences: indictable and summary. Indictable offences are more serious
and follow a more intricate process in the criminal justice system. The majority of offences are
hybrid offences and prosecutors decide to process them as indictable or summary offences.
• To obtain a conviction in criminal court, the prosecution must prove beyond and reasonable doubt
that the accused committed the act (actus reus) and the existence of criminal intent (mens rea).
• Deterrence, denunciation, and retribution are the main drives of criminal law.
• The rule of law assures that everyone, even authorities, abide by the law.
Key Concepts
• Criminal law – the entire set of principles, procedures, and rules established bt governments
through the courts and criminal legislation in order to ensure public safety. It includes definitions
of crimes, criminal responsibility and punishments, and defences to a criminal charge.
• Summary offence – a relatively minor offence, punishable by a fine or a maximum jail sentence of
six months.
• Indicatable offence – a serious offence, such as murder or rape, which carries a severe penalty.
An indictment is the formal process of setting out a criminal charge in a document for serious,
“indictable” offences.
• Indictment – a formal written accusation, usually reserved for more serious crimes
• Actus reus – the criminal act or personal conduct relating to a crime; it may include a failure to
act, but does not include the mental element of a criminal offence
• Mens rea – the mental element of a criminal offence or the state(s) of mind of the offender; it is
the intent to commit a criminal act
• Deterrence – a principle of sentencing or punishment intended to discourage citizens from
offending or reoffending
• Denunciation – a formal expression that conduct is unacceptable
• Retribution – punishment for transgressions
• Rule of law – the principle that governments, individuals, and corporations must follow the law;
governments may take actions that limit the activities or rights of citizens only in accordance with
substantive and procedural requirements prescribed by the law
• Prohibition – a law forbidding a specific act
• Penal law – a law that imposes punishment as opposed to (for instance) a law that provides only
the right of a victim to compensation
• Civil law – a system in which the law is primarily set out in legislation, and judges’ discretion is
limited to interpretation and application of those written provisions
• Common law – a body of law defined primarily through successive decisions of judges, as
opposed to through legislation
• Duress – an unlawful threat of coercion used by one person to induce another to perform some
act against his or her will
• Habeas corpus – the right of an accused (in the form of a writ) to appear before a court, and not
be detained without just cause
Document Summary
In canada, the behaviors punishable law is described in the criminal code: there are two types of offences: indictable and summary. Indictable offences are more serious and follow a more intricate process in the criminal justice system. Key concepts: criminal law the entire set of principles, procedures, and rules established bt governments through the courts and criminal legislation in order to ensure public safety. It includes definitions of crimes, criminal responsibility and punishments, and defences to a criminal charge: summary offence a relatively minor offence, punishable by a fine or a maximum jail sentence of six months. Indicatable offence a serious offence, such as murder or rape, which carries a severe penalty. An indictment is the formal process of setting out a criminal charge in a document for serious,
