GLossary

• Author: Kent Roach
• Profession: Faculty of Law and Centre of Criminology. University of Toronto
• Pages: 463-468

463

GLOSSARY

Absolute discharge: 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’ i mprisonment, and the judge determine s

that it is in the accused’s best interests and not contra ry to the public

interest.

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

proven th at the prohibited act, or actus reus, was committed and 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 actu s reus may al so include the requirement that the prohibited

act be voluntarily and consciously committed by the accused.

Aiding or abetting: intentionally assisti ng 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 acquit-

tal at trial. In summary conviction m atters, 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 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 cri me. It is a

separate crime of attempting the specif‌ic offence and is usually subject

to less punishment than the completed crime.