Glossary

• Author: Kent Roach
• Pages: 605-611

605

GLOSSARY

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

is available if there is no mi nimum penalty, the oence is not punishable

by life or fourteen years’ imprison ment, and the judge determines that it

is in the accused’s best interests and not contrary to the public interest.

Absolute liability. An oence for which the accused is guilty once it is

proven that the prohibited act, or actus reus, was committe d and regard-

less of the existence of any fault, includi ng negligence.

Actus reus. The prohibited act in a criminal or regul atory oence. 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. Intentional ly assisting or encouraging a cri me 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, appea ls are usually heard

by superior courts, while in indictable 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.

Attempt. An attempted crime occurs when the accused does someth ing

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