Glossary
In Criminal Law
It is an indictable offence to make money from trafficking people. Trafficking in persons means recruiting, transporting, concealing, or controlling the movements of a person, to exploit (use, or take advantage of) them or to help someone else exploit them.
Exploitation can happen if a person provides labour or a service because they reasonably think that their safety, or the safety of a person they know, would be at risk if they do not.
In Criminal Law
Mediation is a way for you to resolve disputes using a third party. The mediator is neutral. This means that the mediator listens to both people and tries to help them find a solution that they agree on. With mediation, the third party helps both sides work together to resolve the dispute.
In Criminal Law
Mens rea is one of the two elements of a crime the Crown must prove beyond a reasonable doubt to prove your guilt. If refers to your guilty state of mind.
For most crimes, the state of mind required is either you intended to do the act or you were reckless about the effect of your act. It does not matter if you did not know the act was illegal. Not knowing the law is not an excuse or defence.
In Criminal Law
People experiencing mental health issues who have been charged with low-risk criminal offences may be eligible for mental health diversion. If they are approved, mental health court workers assist the accused to develop a diversion plan to:
- connect with appropriate services
- schedule psychiatric assessments
- secure basic needs
- find short and long-term community support
In Criminal Law
This is a criminal offence. You can be charged with mischief if you intentionally:
- destroy or damage property
- render property useless, inoperative or ineffective
- prevent the lawful use, enjoyment or operation of property, or
- interfere with the lawful use, enjoyment or operation of property
Mischief is a hybrid offence that can be prosecuted by indictment or summarily.
In Criminal Law
Mitigating factors are circumstances or facts that a judge can consider when they are deciding your sentence. Mitigating factors can result in a lighter sentence. For example, not having a criminal record can be a mitigating factor.
In Criminal Law
Negligence is the failure to use reasonable care with the result that damage or injury happens.
In Criminal Law
A non-custodial sentence is a sentence that does not require time in jail. For example, a suspended sentence or having to pay a fine.
In Criminal Law
This is a criminal offence. If you try to stop or affect the administration of justice, you can be charged with the criminal offence of “obstructing justice”. An example of obstructing justice is paying a person to act as a surety for you.
In Criminal Law
This is a criminal offence. If you try to stop a police officer from lawfully doing their job, you can be charged with the criminal offence of “obstructing a peace officer”.