Transcript Criminal Law PPT Intro

Unit 2
Unit 2
http://news.nationalpost.com/2012/07/25/one-year-in-canadian-crime-graphic/
CRIME in CANADA
What is crime?

An act or omission of an act that is prohibited
and punishable by federal statute.
 Omission: a failure to act
 Statute: a law enacted by the legislative branch of
government
Criminal Law
The body of laws that prohibit and punish acts
that injure individuals, property, and the
community.
Purpose:
 Protect people & property
 Maintain Order
 Preserve standards of public decency

4 Conditions of a Crime
The act is
considered
wrong by
society.
The act causes
harm to society
in general or to
those (such as
minors) who
need protection.
The harm must
be serious.
The remedy
must be
handled by the
criminal justice
system.
Crime Prevention Programs
Crime Stoppers
 Neighbourhood Watch
 Block Parent

The Criminal Code
Federal Statute
 Lists offences AND the sentences to be
imposed.
 Outlines procedures to follow when
trying those accused of a crime.
 Reflects societies values.
 Changes are made by amendment by
Parliament.

History
July 1892
 Has been amended almost every year
since.
 1955: reformed from 1100 sections to
753.
 1986: Revised draft: less complicated,
better organized, easier to
understand…did not pass.
 Has NEVER been a complete revision.

Recent Changes in the Code
Bill C-10 (2007): sentences for offences
involving personal injury, terrorism, and
organized crime.
 Bill C-10 (2008): escalating minimum
penalties for eight serious offences involving
firearms if the firearm is a restricted weapon
or is in connection with a criminal
organization.
 1976: Capital punishment removed
What does this tell us about the
nature of law as it relates to crime?

Other Federal Laws
Controlled Drug & Substance Act
 Customs Act
 Competition Act
 Youth Criminal Justice Act
 Food & Drug Act
 Income Tax Act

Provincial Jurisdiction
Each provincial government appoints its
own judges and pays for an administers
its own provincial court system.
 Power to pass laws on matter that fall
under their jurisdiction
(remember…traffic, liquor, etc).
 May transfer jurisdiction to municipalities
if they desire.

Quasi-Criminal Laws

Laws covering less serious offences at the
provincial or municipal level; most often
punishable by fines.
○ Liquor Control
○ Highway Traffic
○ Wildlife Act

May differ by province, i.e. Quebec’s drinking
age is 18, not 19.
Elements of a Crime

Actus Rea + Mens Rea = Crime

Actus Rea: “the guilty act” – voluntary
action, omission, or state of being that is
forbidden by the Criminal Code.

Mens Rea: “”the guilty mind” – the act
was intentional, knowing, negligent,
reckless, or wilfully blind.
Wilful Blindness

A deliberate closing of one’s mind to the
possible consequences to one’s actions,
○ i.e. you buy a laptop that has the name of the
school on it…you know it is stolen from the
school, but you still buy it because the price is
so good. You have the necessary mens rea
because you have been wilfully blind.
Intent

a state of mind in which someone:
 desires to carry out a wrongful action,
 knows what the results will be,
 and is reckless regarding the consequences.
Types of Intent
General Intent-the desire to commit a wrongful
act, with no ulterior motive: hitting / assaulting
someone out of anger.
○ Usually easier to prove…may explain reduced
charges such as manslaughter vs. first degree
murder.
Specific Intent-the desire to commit one
wrongful act for the sake of accomplishing
another: hitting / assaulting someone with the
intent of stealing from them.
Motive
Motive: the reason a person commits a
crime.
 Different than Intent.

 Killing your mother to receive the
inheritance…inheritance is MOTIVE, but
does not establish her intent…whether she
meant to do it.
 Intent is established by The Crown by
showing the killing was “planned and
deliberate.”
Criminal Negligence

A reckless disregard for the lives and
safety of others, sometime causing
serious injury or death.
Liability

Regulatory Law: laws made to protect
the public welfare, i.e. speed limits,
hunting regulations, environmental
protection.
 Crown DOES NOT have to establish mens
rea.
Liability

Strict Liability: the accused
acknowledges the offence occurred, but
offers the defence of due diligence,
which means every reasonable
precaution to avoid committing the
offence was taken.
 i.e. pollution, Erin Brockovich…PG&E
attempted this argument…but failed…
Liability

Absolute Liability: no possible defence.
 Driving without a licence, exceeding the
speed limit.
 No defence, usually a fine.
Case Study
Pg. 151(old) /183 (new)
 Read the case study.
 Individuals, partners or groups of 3.
 Answer the 4 questions.


HOMEWORK: Check your
understanding by reading / reviewing
Chapter 6.