Glossary

• Author: Kent Roach
• Pages: 517-522

517

GLOSSARY

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

It is available if there is no min imum penalty, the offence is not punish-

able by life or fourteen years’ imprisonment, and the judge determines

that it is in the accused’s best intere sts 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 a nd re-

gardless of the exi stence 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: intentiona lly assisting or encouraging a cr ime and,

by doing so, becoming a party to the crime.

Appellate court: a court that reviews the accus ed’s conviction or acquit-

tal at trial. In summary conviction matters, appeals are usually heard

by superior courts, while in ind ictable matters, appeals are heard by the

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

ada, which hear subsequent appeal s are also called appellate courts.

Attempt: an attempted crime occurs when the accused does something

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

separate crime of attempting the specif‌ic offence and is usually subject

to less punishment than the completed crime.