Index
Author | Kent Roach |
Pages | 606-623 |
606
Abandonment of cr ime, 153, 173
Aborigin al offenders. See Indigenous
offenders
Absolute disch arges, 539–40, 572
permanent ly unfit to stand tria l, 315,
549
Absolute liabil ity offences, 16–17,
242–50, 572
Charter viol ations, 17, 77–78,
246–48, 272
corporation s, 248–49
common law and, 243– 46
corporations
Charter applic ation, 248–49
liability, 248–49
defences, 272–73
mistake of l aw, 111
driving w hile suspended, 110–11
Abuse of process , 46, 517
Accessories. See Parties to offence
Accessory a fter the fact, 178–80
actus reus, 178– 79
mens re a, 179 –80
Accident, defence of, 117–18, 202–4,
470–71
actus reus and voluntariness, rel-
evance to, 117–18
mens re a and objective fault, rel-
evance to 203– 4
Accomplices. See Parties to of fence
Accused persons
arrest. See Arrest
bail. See Bail
Charter rig hts. See alsoCharter of
Rights an d Freedoms
procedural fa irness. See Proced-
ural fairness
substantive fairness.See Substan-
tive fairness
compulsion to test ify, 64
counsel, rig ht to. See Right to counsel
defences. See Defences
detention. See Detention
inte rrogat ion, 43, 55 0–51
presumption of in nocence. See Pre-
sumption of innocence
silence, right to, 44, 550
trial proc ess. See Trial process
Actus reus, 10–11, 92–142, 572
accessory a fter the fact, 178–79
accident defence, 117–18
aiding and abet ting, 127, 168–70
assault, 134, 475
attempt s, 127, 151–53
bestial ity, 135–36
INDEX
Index 607
causing prohibite d consequence,
120–27
alternative liability, 127
concurrent cau ses, 124–25
general princ iples, 122–24
new acts sever ing chain,
124–25
non-homicide cases, 125 –26
statutor y provisions , 121
common intent of unla wful purpose,
175
conspiracy, 156–59
corporate cr ime
representatives, 264, 266– 67,
270–71
senior officers, 26 4–65, 269–70
counselling
crime comm itted, 165
crime not commit ted, 161
crimin al act, 95–107
age-based restrictions, 97
causing prohibite d consequences,
120–27
Charter i ssues, 97–99
codificat ion, 95–96
ignorance of the l aw. See Ignor-
ance of the law
marked depar ture from standard,
104–5
omission s, 128–30, 140
policy element s, 130–38
strict and pur posive construction,
99–104
territor ial application, 96 –97
vague laws. See Va gue la ws
volu ntar iness , 115–18
fraud, 500 –1
homicide offences, 93 –94, 423–72
mens re a
coincidence, 118–20
murd er, 433
correspon dence or symmetry, 81
relationship, 185 –87
overview, 92–95, 138– 41
possess ion, 136–37
prohibited act, 92, 576
sexual a ssault, 475–83
consent, 130 –32, 476–83
HIV disclos ure, 133–34
di sting uish ed, 475 –76
Ewanchuk c ase, 476–78
simultaneous principle, 118–20
terroris t group participation, 505 –6
theft, 137–38, 499–500
Adminis tration of justice into disre pute
entrapment, 44, 46, 54 6
exclusion of evidenc e, 35, 39, 44–45,
90, 574
joint submission s of sentence, 2,
519–20
Age of responsibi lity, 97
Aiding and abet ting, 13–14, 166–74, 572.
See also Partie s to offence
abandonment, 173
actus reus, 168–70
impossibil ity and, 164, 173–74
manslaughte r, 470
mens re a, 170–73
mur der, 437–39
overview, 166–68
Air of realit y, 62–63
all defences, 360
automatism, 62– 63, 338–40
Charter an d, 62–63
duress, 360, 416
intoxication, 62– 63, 284–85
mistake of fa ct, 485–87
necessity, 360, 394– 95, 416
property, defence of, 380, 388, 416
provocation, 446
self-defence, 360, 363, 369, 371, 376,
416
Altern ative measure s, 539
Appeals, 31–32
appellate court s, 31–32, 572
Supreme Court of Can ada, 32
sentencing appe als, 32, 521–22
Arbitrar iness, 572
detention or impri sonment, 40–41
laws, 72–73
Arrest
counsel, rig ht to, 41–42
search incide nt to, 39
Assault
consent and, 134 –35
sexual a ssault, 130–34, 476–88
defi ned, 47 5
sexual a ssault distingui shed, 475–76.
See also Sexual assault
Assisted s uicide, 471–72
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