Actus reus - "the guilty act" + Mens rea – “the guilty mind” = CRIME!! Age Criteria re: young offenders – under the Young Offenders Act, a person, at least 12 years of age and under 18, who the breaks the law is considered a young offender. If a person 11 years old or younger commits a crime will not be charged with criminal offence or be locked in prison but he or she might be locked up in a mental institution. If someone 12-17 years old is charged with a criminal offence is charged with a criminal offence they will be treated more leniently than adults. What is diversion in sentencing? –
The program is a voluntary option offered by the Crown Attorney's office for those accused of minor offences. The offender completes a program and it is only available for those who commit summary offences. For example, extrajudicial sanctions – participating in community-based programs instead of going to court Programs Objectives
oTo get involved in a positive manner with the offender, with the goal of encouraging the avoidance of further criminal activity. oTo provide the opportunity for offenders to avoid obtaining a criminal record while still being held accountable for their actions. oTo benefit the community through various measures; e.g. charitable donations, community service work. Forms of Sentences –
♦Absolute discharge – releasing a convicted offender and erasing the criminal record after one year ♦Conditional discharge – releasing a convicted offender under certain terms, and erasing the criminal record after three years if the terms are met ♦Probation – a sentence that allows a person to live in the community under the supervision of a parole officer ♦Fines – specific amounts of money paid as penalties for offences ♦Incarceration – imprisonment for a specified period
♦Interdeterminate sentence – a sentence of an indefinite period of time ♦Concurrent sentence – sentences served at the same time ♦Consecutive sentence – sentences served one after another ♦Intermittent sentence – a prison sentence of 90 days that can be served on weekends and at night ♦Deportation – a sentence of expulsion from the country Limitation period for summary criminal offences – Limitation periods are set out in the Criminal Code and the accused must be charged with a summary conviction within 6 months after the act happened. Differences between summary criminal offences and indictable offences – ♥Summary criminal offences – a crime that is considered less serious and carries a lighter ♥Indictable offences - a more serious crime that carries a heavier penalty “Hybrid” offence –
An offence that the Crown can decide to...