SOC 4900 Lecture Notes - Lecture 11: Identity Theft, Crime Comics, Fortune-Telling
26 Nov 2015
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Offenses are classified as : indictable offense. Less serious offenses like harassment: summary offense, hybrid offense. Can be either indictable or summary offense; decided by the crown attorney. Beyond a reasonable doubt negligence: knew that they committing the prohibited act or ought to have known. Known as actus reus and mens reus (guilty act and guilty mind) Burden of proof is on the crown/state. Absolute liability offense crown does not need to prove guilty knowledge or: only required to prove act was committed. Strict liability offenses crown does not need to prove guilty knowledge or negligence but, defence possible: must prove they took reasonable steps to avoid the act. Example: most provincial offences, stunt driving, seat belt (when going backwards or seat belt was broken) General organization: part 2 offences against public order, part 2. 1 terrorism. Property related to terrorism etc: part 3 fire arms.
