Glossary

• Author: Kent Roach
• Profession: Faculty of Law and Centre of Criminology University of Toronto
• Pages: 387-392

Absolute discharge: a disposition in which no conviction is recorded.

It is available if there is no minimum penalty, the offence is not pun-

ishable by life or fourteen years imprisonment, and the judge deter-

mines that it is in the accused’s best interests and not contrary to the

public interest.

Absolute liability: an offence for which the accused is guilty once it is

proven that the prohibited act, or actus reus, was committed and

regardless of the existence of any fault, including negligence.

Actus reus:the prohibited act in a criminal or regulatory offence. Proof

of the actus reus may also include the requirement that the prohibited

act be voluntarily and consciously committed by the accused.

Aiding or abetting: intentionally assisting or encouraging a crime and,

by doing so, becoming a party to the crime.

Appellate court: a court that reviews the accused’s conviction or

acquittal at trial. In summary conviction matters, appeals are usually

heard by superior courts, while in indictable matters, appeals are heard

by the provincial courts of appeal. Courts, such as the Supreme Court

of Canada, which hear subsequent appeals are also called appellate

courts.

Attempt: an attempted crime occurs when the accused does something

beyond mere preparation for the purpose of committing a crime. It is a

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Glossary