Glossary

• Author: Kent Roach
• Profession: Faculty of Law and Centre of Criminology.University of Toronto
• Pages: 523-529

523

GLOSSARY

Absolute disc harge: a disposition in which no conviction is recorded. It

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

able by life or fourteen years’ imprisonment, and t he judge determines

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 a nd regard-

less of the existence of any fault, including negligence.

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

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

act be voluntarily and consciously committed by t he 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 accused’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 court s of appeal. Courts, such as the Supreme Court of

Canada, which hear sub sequent appeals are also called appellate court s.

Arbitrariness: A principle of fundamental justice that is infringed by a

law that does not advance or is inconsistent with its objective.