Glossary

• Author: Kent Roach
• Pages: 572-577

572

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 pun-

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

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

public intere st.

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 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.