Transcript Criminal Law

Unit 2
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
1.
2.
3.
4.
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.
1. The act is considered wrong by society.
Can vary over time.
 Can vary based on place.

 i.e. adultry (cheating on your spouse) used
to be illegal in Canada.
 Prostitution is legal in the Netherlands, but
not in Canada.
 Possession of marijuana is considered a
less serious offence.
2. The act causes harm to society in general or
to those (such as minors) who need protection.
Theft…what’s the impact?
 Owner loses money
Increases prices
Customers pay higher prices
less $ to
spend on other things.

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
Sexual abuse
 Bill C-7 October 18, 1999.
 Criminal records checks of pardoned
sex offenders available for background
checks.
 Allows police to explore the background
of ANYONE wishing to work with
children.

Terrorism
Technology
Changes in societal values, i.e. divorce,
women’s rights, abortion, marijuana use, etc.
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” – a deliberate
intention to commit a wrongful act, with
reckless disregard for the consequences.
 Knowledge: an awareness of certain facts that
can be used to establish mens rea.
Elements of a Crime

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.
 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.
Elements of a Crime
Motive: the reason a person commits a
crime…different than intent.
 Intent refers to a person’s state of mind
and willingness to break the law.

 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.”
Elements of a Crime
Criminal Negligence: reckless disregard for
the lives and safety of others, sometime
causing serious injury or death…Titanic.
 Wilful Blindness: 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.
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
Liability

Absolute Liability: no possible defence.
 Driving without a licence, exceeding the
speed limit.
 No defence, usually a fine.
Case Study
Pg. 151.
 Read the case study.
 Individuals, partners or groups of 3.
 Answer the 4 questions.


HOMEWORK: Check your
understanding by reading / reviewing
Chapter 6.