CRIMINAL LAWCRIMINAL LAW

The Nature of CrimeThe Nature of Crime

Crime Crime – any act or omission of an act that is – any act or omission of an act that is

prohibited and punishable by federal statuteprohibited and punishable by federal statute..Law Reform of CanadaLaw Reform of Canada 4 conditions 4 conditions

must exist for an act or omission to be must exist for an act or omission to be considered a crime:considered a crime:

1) The act is considered wrong by 1) The act is considered wrong by society.society.

2) Act causes harm to society in general 2) Act causes harm to society in general or to those who need protection.or to those who need protection.

3) The harm must be serious.3) The harm must be serious.4) The remedy must be handled by the 4) The remedy must be handled by the

criminal justice system.criminal justice system.

Criminal Law DefinitionCriminal Law Definition

Criminal LawCriminal Law- the body of laws - the body of laws that prohibit and punish acts that that prohibit and punish acts that injure individual people, property injure individual people, property and the entire community.and the entire community.

Criminal Code of CanadaCriminal Code of Canada

-federal statute that contains the majority -federal statute that contains the majority of the criminal laws passed by Parliament.of the criminal laws passed by Parliament.

-lists crimes, sentences and procedures to -lists crimes, sentences and procedures to follow when trying those accused of follow when trying those accused of crimes.crimes.

-amendments to the code are made when -amendments to the code are made when the values of Canadian society change.the values of Canadian society change.

Changes Over Time and Place:Changes Over Time and Place:

Prostitution is legal in some Prostitution is legal in some European countriesEuropean countries

Adultery used to be a criminal Adultery used to be a criminal offence in Canadaoffence in Canada

Changes over time and place:Changes over time and place:

Possession of marijuana less serious Possession of marijuana less serious todaytoday

1795- twelve people hanged in 1795- twelve people hanged in Halifax for the crime of theft, one for Halifax for the crime of theft, one for stealing a few potatoesstealing a few potatoes

no longer capital punishment in no longer capital punishment in CanadaCanada

Example: sexual abuseExample: sexual abuse On October 18, 1999-Parliament On October 18, 1999-Parliament

passed Bill C-7 making criminal passed Bill C-7 making criminal records of pardoned sex offenders records of pardoned sex offenders available for background checks.available for background checks.

-Also, outdated laws can be revised or -Also, outdated laws can be revised or repealed.repealed.

i.e.: 1976-sentencing option of capital i.e.: 1976-sentencing option of capital punishment removedpunishment removed

-technological advances change the -technological advances change the codecode

i.e.: new laws for airplane hijacking, i.e.: new laws for airplane hijacking, credit card fraud, Internet hacking. credit card fraud, Internet hacking.

HistoryHistory

Canada’s first Prime Minister, Canada’s first Prime Minister, John A. John A. MacDonaldMacDonald, strongly advocated having one , strongly advocated having one set of criminal laws for the whole country. set of criminal laws for the whole country.

So, in July 1892, Canadian Parliament passed a So, in July 1892, Canadian Parliament passed a statute called the statute called the Criminal Code of CanadaCriminal Code of Canada which combined a description of crimes and which combined a description of crimes and criminal law procedure into a single statute. criminal law procedure into a single statute.

The code has been amended every year since.The code has been amended every year since.

Today, there are approximately 850 Today, there are approximately 850 sections. It is still difficult to include all the sections. It is still difficult to include all the crimes in the Code, so other federal laws crimes in the Code, so other federal laws

now contain criminal offences that are not in now contain criminal offences that are not in the code or in enough detail in the code. the code or in enough detail in the code.

These include:These include:

Controlled Drug and Substances ActControlled Drug and Substances Act Customs ActCustoms Act Youth Criminal Justice ActYouth Criminal Justice Act Competition ActCompetition Act Food and Drug ActFood and Drug Act Income Tax ActIncome Tax Act

Authority for administering the Authority for administering the criminal justice system is shared criminal justice system is shared between the between the federalfederal and and provincialprovincial governments.governments.

Quasi-Criminal LawsQuasi-Criminal Laws

Technically, laws passed by Technically, laws passed by provinces or municipalities are not provinces or municipalities are not considered criminal laws but considered criminal laws but quasi-quasi-criminal lawscriminal laws. .

These are less serious offences and These are less serious offences and the usual punishment is paying a the usual punishment is paying a fine.fine.

ELEMENTS OF A CRIMEELEMENTS OF A CRIME To convict a person of a criminal offence in To convict a person of a criminal offence in

Canada, the Crown must usually prove that two Canada, the Crown must usually prove that two elements existed at the time the offence was elements existed at the time the offence was committed: the act itself and the intention to committed: the act itself and the intention to commit the act.commit the act.

Actus ReusActus Reus ++ Mens ReaMens Rea = CRIME= CRIME

““the guilty actthe guilty act” ” ““the guilty the guilty mindmind” ”

Demonstrates a Demonstrates a voluntary action, voluntary action,

omission or state of omission or state of being that is being that is

prohibited by law prohibited by law

Demonstrates that Demonstrates that the act was the act was intentional, intentional,

knowing, negligent, knowing, negligent, reckless or willfully reckless or willfully

blind blind

Exceptions to Actus Reas:Exceptions to Actus Reas:

Being forced by another personBeing forced by another person Sleepwalking Sleepwalking Reflex reaction (i.e.: epileptic Reflex reaction (i.e.: epileptic

seizure)seizure)

Understanding Mens Rea:Understanding Mens Rea:

The Crown can establish The Crown can establish Mens ReaMens Rea through:through:

1) Intent1) Intent

2) Knowledge2) Knowledge

3) Criminal negligence3) Criminal negligence

4) Recklessness4) Recklessness

5) Willful blindness5) Willful blindness

1) INTENT1) INTENT

someone desires to carry out a someone desires to carry out a wrongful action, knows what the wrongful action, knows what the results will be and is reckless results will be and is reckless regarding the consequences.regarding the consequences.

There are There are two typestwo types of intent: of intent: General Intent and Specific General Intent and Specific IntentIntent

Two types of Intent:Two types of Intent:

General IntentGeneral Intent – – the desire to the desire to commit a wrongful commit a wrongful act, with no ulterior act, with no ulterior motive or purpose. motive or purpose.

For exampleFor example: assault : assault to vent anger, to vent anger, jealously or jealously or frustration.frustration.

Specific IntentSpecific Intent – – the desire to the desire to commit one commit one wrongful act for wrongful act for the purpose of the purpose of accomplishing accomplishing another.another.

For exampleFor example: assault : assault for the sake of for the sake of thefttheft

Motive verses IntentMotive verses Intent

Motive Motive – is the reason a person commits a – is the reason a person commits a crime.crime.

Intent Intent – is the person’s state of mind and – is the person’s state of mind and willingness to break the law.willingness to break the law.

For instanceFor instance, if someone kills her mother to , if someone kills her mother to receive an inheritance.receive an inheritance.

Motive = inheritanceMotive = inheritance Intent = was it planned and deliberate?Intent = was it planned and deliberate?

Motive Motive can notcan not prove a conviction in a prove a conviction in a murder trial because it is not one of the murder trial because it is not one of the elements of a crime.elements of a crime.

22__KNOWLEDGEKNOWLEDGE

An awareness of certain facts that can An awareness of certain facts that can be used to establish be used to establish Mens Rea.Mens Rea.

For exampleFor example: If a person knew a : If a person knew a document was forged and used it document was forged and used it anyway. anyway.

The word “The word “knew/knowknew/know” indicates ” indicates the the Mens ReaMens Rea of the offence. of the offence.

3) CRIMINAL NEGLIGENCE3) CRIMINAL NEGLIGENCE

reckless disregard for the lives and reckless disregard for the lives and safety of others, sometimes causing safety of others, sometimes causing serious injury or death.serious injury or death.

For exampleFor example, leaving a loaded gun in , leaving a loaded gun in a house with children.a house with children.

4) RECKLESSNESS4) RECKLESSNESS

knowingly taking an unjustifiable risk knowingly taking an unjustifiable risk that a reasonable person would not that a reasonable person would not take.take.

For exampleFor example, driving without your , driving without your prescription glasses and getting into prescription glasses and getting into a serious accident.a serious accident.

Driving a car you know is not safe.Driving a car you know is not safe.

5) WILFUL BLINDNESS5) WILFUL BLINDNESS

A deliberate closing of one’s mind to the A deliberate closing of one’s mind to the possible consequences of one’s possible consequences of one’s actions.actions.

For exampleFor example, buying a TV from student , buying a TV from student which clearly has the name of the which clearly has the name of the school board on the TV. school board on the TV.

The price is too good to pass up, so you The price is too good to pass up, so you buy it but in your mind you likely knew buy it but in your mind you likely knew it had been stolen.it had been stolen.

Strict and Absolute LiabilityStrict and Absolute Liability

For For some less serious offencessome less serious offences the the Crown Crown does notdoes not have to establish have to establish Mens ReaMens Rea to win a conviction. to win a conviction.

For instance, For instance, regulatory lawsregulatory laws which which are federal or provincial statutes are federal or provincial statutes meant to protect the public welfare.meant to protect the public welfare.

i.e.: environmental protection, i.e.: environmental protection, workplace safety, hunting and fishing workplace safety, hunting and fishing regulations and traffic offences.regulations and traffic offences.

2 Liability Offences2 Liability Offences

STRICK LIABILITYSTRICK LIABILITY The accused may admit The accused may admit

the offence took place the offence took place but then offers the but then offers the defense of defense of due due diligencediligence which means which means that he or she took every that he or she took every reasonable precaution to reasonable precaution to avoid committing the avoid committing the offence.offence.

Someone slips and falls Someone slips and falls on your sidewalk but you on your sidewalk but you can prove that you can prove that you shoveled and salted it.shoveled and salted it.

Wet floor signs at a storeWet floor signs at a store

ABSOLUTE ABSOLUTE LIABILITYLIABILITY

No defense No defense possible. Guilty as possible. Guilty as charged.charged.

i.e.: driving a car i.e.: driving a car without a license or without a license or insuranceinsurance

INVOLVEMENT IN A CRIMEINVOLVEMENT IN A CRIME

PerpetratorPerpetrator- person who actually commits the crime.- person who actually commits the crime.2 people = co-perpetrators 2 people = co-perpetrators

AidingAiding – helping a perpetrator commit a crime. You – helping a perpetrator commit a crime. You don’t have to be on the scene.don’t have to be on the scene.

i.e.: giving a key to someone to break into a store.i.e.: giving a key to someone to break into a store.

Parties to an OffenceParties to an Offence – those people who are – those people who are indirectly involved in committing a crime.indirectly involved in committing a crime.

AbettingAbetting- encouraging the perpetrator of a crime - encouraging the perpetrator of a crime without actually providing physical assistance. without actually providing physical assistance.

i.e.: egging on a perpetrator who is beating someone i.e.: egging on a perpetrator who is beating someone up.up.

CounselingCounseling- advising, recommending - advising, recommending or persuading another person to or persuading another person to commit an offence. You don’t have to commit an offence. You don’t have to be on the scene.be on the scene.

i.e.: advising a perpetrator the best i.e.: advising a perpetrator the best way to accomplish a criminal act.way to accomplish a criminal act.

Accessory After the FactAccessory After the Fact- someone - someone who knowingly receives, comforts or who knowingly receives, comforts or assists a perpetrator in escaping from assists a perpetrator in escaping from the police.the police.

i.e.: allowing a perpetrator to hide out i.e.: allowing a perpetrator to hide out at your house.at your house.

Involvement in a Crime Cont.Involvement in a Crime Cont.

Party to Common IntentionParty to Common Intention- the - the shared responsibility among criminals shared responsibility among criminals for any additional offences that are for any additional offences that are committed in the course of the crime committed in the course of the crime they originally intended to commit.they originally intended to commit.

i.e.: If 5 people hijack a security truck i.e.: If 5 people hijack a security truck and one of them shoots and kills the and one of them shoots and kills the driver, all 5 can be charged with driver, all 5 can be charged with murder.murder.

Two Types of Incomplete Two Types of Incomplete Crimes:Crimes:

1)1) AttemptAttempt – – the the intention to commit a intention to commit a crime, even when the crime, even when the crime is not crime is not completed. completed.

The Crown only needs The Crown only needs to prove obvious steps to prove obvious steps toward committing a toward committing a crime.crime.

ExampleExample: terrorist : terrorist bombing- construction bombing- construction of a bomb, having a of a bomb, having a bomb in your bomb in your possession.possession.

2)2) ConspiracyConspiracy – an – an agreement between 2 agreement between 2 or more people to or more people to carry out an illegal carry out an illegal act, even if that act act, even if that act does not actually does not actually occur.occur.

ExampleExample: 2 people : 2 people who plan to murder, who plan to murder, hire a hit man who hire a hit man who turns out to be an turns out to be an undercover police undercover police officer.officer.

BibliographyBibliography

Law in Action, 2003Law in Action, 2003 All About Law, 1996All About Law, 1996