Glossary

• Author: Kent Roach
• Pages: 572-577

572

GLOSSARY

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 re-

gardless 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 acquit-

tal 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 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.