CRIMINAL LAW:1. NATURE OF CRIMINAL LAW2. THE ELEMENTS OF A CRIME3. TYPES OF CRIMINAL OFFENSES

Justice: What is justice in Canada?

The Need for Criminal Law

Purposes of criminal law:• Rehabilitation

• Prevent recidivism• Address underlying issues• Reintegration into community

• Protection/Prevention• Threat of punishment• Sets standards

• Punishment• Isolation• Deprivation

How do these relate to the 3 approaches to

justice (retributive, rehabilitative, restorative)?

The Nature of Criminal Law

“The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.”

Conditions for Criminality • The action must harm other people.• The action must violate the basic values of society.• Using the law to deal with the action must not violate

the basic values of society.• Criminal law can make a significant contribution to

resolving the problem.(Law Commission of Canada)

Conditions for Criminality

Elements of a Crime

Actus reus• Wrongful deed that is prohibited by law. • 1) Action/• 2) Failure to act Must be present

at the same timeMens rea• A guilty mind• 1) Intent

• True purpose of the act• General (limited to the act, no further criminal purpose)• Specific (further criminal purpose)

• 2) Knowledge• Need not prove an intent…

• 3)Recklessness• Careless disregard, even if intent to harm not present.

Criminal Code of Canada: History

• England resistant to codification, colonies experimented

•Canada’s Efforts• 1867- Codification a goal of Sir

John A Macdonald• 1869- set out explicit authority to

federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure.

• 1892- Original Criminal Code achieved

• "Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature."

Canadian Criminal Code: http://laws-lois.justice.gc.ca/eng/acts/C-46/

Criminal Code of Canada: Selections

1. Mens rea? (intent, Knowledge, Recklessness)2. Actus reus? (Action, Inaction)3. Punishment?4. Legal terms?

Criminal Code of Canada: Selections

1. Mens rea? (intent, Knowledge, Recklessness)

2. Actus reus? (Action, Inaction)3. Punishment?4. Legal terms?

Criminal Code of Canada: Selections

1. Mens rea? (I, K, R)

2. Actus reus? (A, I)3. Punishment?4. Legal terms?

Criminal Code of Canada: Selections

1. Mens rea?2. Actus reus?3. Punishment?4. Legal terms?

Criminal Code of Canada: Common Crimes

homicide

culpable homicidenon-culpable

homicide

murder manslaughter infanticide

first degree

second degree

accidental self-defense

Section 231

•Planned and deliberate

•Law enforcement officer

•In concurrence with other crime

•Related to criminal harassment

•While using explosives

•Related to terrorism

•All other intentional murder (heat of the moment)

• unintentional, directly, indirectly by means of unlawful act

• result if defense of provocation or intoxication used in murder case (mens rea)

Criminal Code of Canada: Common Crimes

Level 1

Level 3

Level 2

Seve

rity

Pu

nish

men

t

Assault

• direct/indirect intentional force without consent

• attempting/threatening to apply force

•Approaching, blocking, begging with weapon/imitation of

Assault causing bodily harm

• committing Assault while using a weapon or causing bodily harm

• bodily harm: interfere with health/comfort in more than a fleeting way

Aggravated Assault• committing Assault that wounds, maims, disfigures or endangers life• mens rea required: commit bodily harm

Criminal Code of Canada: Common Crimes

Criminal Code of Canada: Offenses and Penalties

Indictable Offenses

• Life Imprisonment

• Accessory (murder), Criminal negligence causing death, Extortion

• Mail interference, Sexual assault (aggravated), Terrorism

• 14 years

• Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery

• 10 years

• Abduction (under 14), Prison breach, Theft over $5000

• 5 years

• Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling

• 2 years

• Abandoning child, Common bawdyhouse, Dueling

Summary Offenses

• 6 months

• Coin defacing, Impersonating a peace officer, Soliciting

Hybrid Offenses

• False alarm fire, Mailing obscene matter, Uttering threats