What are the elements of a criminal offence?
Alberta, Canada
The following excerpt is from R. v. Servico Limited, 1977 ALTASCAD 93 (CanLII):
In assessing what offences properly come within the latter category the courts seem to consider them under three principal classes: One, that class of acts which are not criminal in any real sense, but are acts which in the public interest are prohibited under a penalty; the next, public nuisances; and finally, proceedings which although criminal in form, are really conceived as a summary method for enforcing civil rights: The Queen v. Pierce Fisheries Ltd. (supra) at page 598.
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