criminal law

Criminal LawCriminal Law

Criminal Law Pre-TestCriminal Law Pre-Test

Answer the questions on the pre-Answer the questions on the pre-test to the best of your ability, test to the best of your ability, then pass inthen pass in

At the end of the unit we will re-At the end of the unit we will re-take the pre-test to determine your take the pre-test to determine your progressprogress

ReviewReview

Crime: act or omission of an act that is Crime: act or omission of an act that is prohibited and punishable by Fed statuteprohibited and punishable by Fed statute– Considered wrong by societyConsidered wrong by society– Causes harm to society/protected individualsCauses harm to society/protected individuals– The harm is seriousThe harm is serious– Remedy must be handled by CJSRemedy must be handled by CJS

Crimes impact society as well as individualsCrimes impact society as well as individuals

ReviewReview

Criminal Law: prohibits & punishes Criminal Law: prohibits & punishes acts that injure people, property & acts that injure people, property & societysociety– Protects people & propertyProtects people & property– Maintains orderMaintains order– Preserves standards of public decencyPreserves standards of public decency

Criminal Code: a federal statute that Criminal Code: a federal statute that contains most criminal lawscontains most criminal laws

ReviewReview Federal Jurisdiction – establishes & Federal Jurisdiction – establishes &

revises Criminal Law in Canadarevises Criminal Law in Canada

Provincial – own judges, court systems; Provincial – own judges, court systems; administers most crim. Law in administers most crim. Law in province; passes laws under their province; passes laws under their jurisdictionjurisdiction

Municipal – jurisdiction may be Municipal – jurisdiction may be transferred from Provincialtransferred from Provincial

Possible Causes of Possible Causes of CrimeCrime

povertypoverty disregard for other’s rights and disregard for other’s rights and

propertyproperty drug usedrug use insanityinsanity angeranger revengerevenge

Why might Parliament decide Why might Parliament decide to make certain actions to make certain actions

criminal?criminal?

Interest groups oppose existing Interest groups oppose existing lawslaws

changing values of societychanging values of society– (anti-drug laws, gun laws, drunk-(anti-drug laws, gun laws, drunk-

driving laws, capital punishment, driving laws, capital punishment, abortion laws)abortion laws)

Clarity of LawsClarity of Laws

Law in your life, P.141Law in your life, P.141– What exactly What exactly is is “Reasonable Force”?“Reasonable Force”?

Ball Playing Prohibited, Bylaw 391Ball Playing Prohibited, Bylaw 391– Read individually. Decide on which Read individually. Decide on which

violators should be charged.violators should be charged.– Share decisions in groups.Share decisions in groups.– Write a definition so that all park Write a definition so that all park

users will understand the Bylawusers will understand the Bylaw

Types of OffencesTypes of Offences

1. 1. Summary conviction Summary conviction offencesoffences - minor offences; max. - minor offences; max. $2000 ,6 mos.$2000 ,6 mos.

2. 2. Indictable offencesIndictable offences - serious - serious crimes, can be life imprisonmentcrimes, can be life imprisonment

3. 3. Hybrid offencesHybrid offences - Crown - Crown chooses whether to proceed as a chooses whether to proceed as a summary or indictable offencesummary or indictable offence

Essential Elements of a Essential Elements of a CrimeCrime

Actus reus +mens rea = CrimeActus reus +mens rea = Crime

To convict a person of a criminal To convict a person of a criminal offence, the Crown must usually offence, the Crown must usually prove that these 2 elements prove that these 2 elements existed at the time of the offenceexisted at the time of the offence

Actus ReusActus Reus ““the guilty act”the guilty act” the voluntarily action, omission or the voluntarily action, omission or

“state of being”“state of being”

For example: For example: – Action-Action- assault assault– Omission-Omission- not stopping at an accident; not stopping at an accident;

failing to provide necessities of lifefailing to provide necessities of life– State of being- State of being- being in possession of being in possession of

stolen goods; found in a gambling stolen goods; found in a gambling househouse

Mens ReaMens Rea

““the guilty mind”the guilty mind” A deliberate intention to commit a A deliberate intention to commit a

wrongful act, with reckless wrongful act, with reckless disregard for the consequencesdisregard for the consequences

Crown must show that the accused had Crown must show that the accused had the the intentintent to commit an offence or to commit an offence or knowledgeknowledge that what they did was that what they did was against the lawagainst the law

intentintent– desire to carry out the action, can foresee the desire to carry out the action, can foresee the

resultsresults or or knowledgeknowledge

– an awareness of certain factsan awareness of certain facts or or willful blindness willful blindness

– a deliberate closing of one’s mind to the a deliberate closing of one’s mind to the possible consequences of one’s actionspossible consequences of one’s actions

or or recklessnessrecklessness– taking an unjustifiable risk that a reasonable taking an unjustifiable risk that a reasonable

person would not takeperson would not take or or criminal negligencecriminal negligence

– reckless disregard for the safety of others, reckless disregard for the safety of others, sometimes causing serious injury or deathsometimes causing serious injury or death

Mens Rea Includes:Mens Rea Includes:

Actus Reus… clarifiedActus Reus… clarified A person may incur criminal liability for failing to do that

which the law requires him to do as much as by doing that which the law prohibits.

Must be a voluntary act, not automatism.

An omission is only culpable if there is a common law or statutory duty to act. Generally there is no obligation on anyone to prevent harm or wrongdoing.

Case StudyCase Study R. v.. Sidney Saskatchewan, 1915 The accused man was charged with manslaughter after the

death of his wife and son. Following an argument in their home, the wife took the son and started walking to the house of her parents. She and the boy left at night in a severe snowstorm. They never arrived at her parents' house; they froze to death before reaching their destination. The charge against the husband was based primar ily upon his permitting them to leave and not fol lowing them or taking any action to protect their safety.

No Actus ReusNo Actus Reus

He was found not guilty of failing to supply "necessaries." The court felt that the husband was not criminally liable where the wife exercised her free will and chose to leave the shelter provided for her.

With respect to the child, because the wife had control of him and there was nothing to show that the wife would get lost or deliberately expose the child to danger, there was no duty upon the hus band to intervene.

Mens Rea CaseMens Rea Case R v Moloney (1985) HL D received a friendly challenge by his stepfather to see

who was "quicker on the draw" with shotguns. Both men were drunk, but good friends. Moloney shot and killed his stepfather, although he claimed he had no intention to do so and did not appreciate that the gun was aimed at the victim.

Held: Moloney was not guilty of murder as a person only intends the result of an act if his purpose is to bring about that result. As Moloney did not intend to kill his stepfather, he was not guilty of murder.

Actus Reus + Mens ReaActus Reus + Mens Rea

In Commonwealth v. Cali (Massachusetts, 1923), a man accidentally started a fire in his place of business. He then did nothing to put out the fire because he wanted to collect the fire insurance. He was convicted of arson.

Actus Reus + Mens ReaActus Reus + Mens Rea

The court concluded that if a person starts a fire accidentally and then purposely refuses to extin guish it, a conviction for arson is possible since the intent could be formed after, as well as before, the fire started.

Actus Reus + Mens Rea = Actus Reus + Mens Rea = CrimeCrime

Actus Reus & Mens Rea Application Actus Reus & Mens Rea Application QuestionsQuestions– State which of the people in each State which of the people in each

scenario would be guilty of scenario would be guilty of committing a criminal offence.committing a criminal offence.

– Both actus reus and mens rea should Both actus reus and mens rea should exist.exist.

– Explain your answers.Explain your answers.

Motive V. IntentMotive V. Intent

IntentIntent– A state of mind in which someone A state of mind in which someone

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

MotiveMotive– The reason a person commits a crimeThe reason a person commits a crime

2 Types of Intent2 Types of Intent

General IntentGeneral Intent– The desire to commit a wrongful act, The desire to commit a wrongful act,

with no ulterior motive or purposewith no ulterior motive or purpose i.e. Hit someone out of angeri.e. Hit someone out of anger

Specific IntentSpecific Intent– The desire to commit one wrongful act The desire to commit one wrongful act

for the sake of accomplishing anotherfor the sake of accomplishing another i.e. Hit someone in order to rob themi.e. Hit someone in order to rob them

2 Types of Intent2 Types of Intent

General Intent is easier to prove General Intent is easier to prove than Specific Intentthan Specific Intent

A court may decide to prosecute A court may decide to prosecute someone for manslaughter someone for manslaughter (unplanned & unintended (unplanned & unintended homicide), rather than murder homicide), rather than murder (planned & deliberate homicide)(planned & deliberate homicide)

Case StudyCase Study

Father Jailed in Death of Son Left Father Jailed in Death of Son Left UnsupervisedUnsupervised– P. 146P. 146

Case StudyCase Study

Father Jailed in Death of Son Left Father Jailed in Death of Son Left UnsupervisedUnsupervised

1. failing to provide a child with the 1. failing to provide a child with the necessities of life (supervision)necessities of life (supervision)

2. previous warning re: heavy traffic2. previous warning re: heavy traffic 3. 3. 4. 4.

Homework!!!Homework!!!

P.152 #1-5P.152 #1-5

Strict & Absolute LiabilityStrict & Absolute Liability

LiabilityLiability-- legal responsibility for a legal responsibility for a wrongful actionwrongful action


For some less serious offences, the For some less serious offences, the Crown does not have to establish Crown does not have to establish mens reamens rea to win a conviction to win a conviction– i.e. offences against laws meant to i.e. offences against laws meant to

protect the public welfare protect the public welfare (environmental protection, workplace (environmental protection, workplace safety, traffic offences)safety, traffic offences)


Offences that do not require Offences that do not require mens mens rearea can be grouped into 2 liability can be grouped into 2 liability categories:categories:– Strict Liability OffencesStrict Liability Offences– Absolute Liability OffencesAbsolute Liability Offences


Strict liability offencesStrict liability offences– The accused may acknowledge that The accused may acknowledge that

the offence took place but then offer the offence took place but then offer the defence of due diligencethe defence of due diligence

Due Diligence: Due Diligence: the accused took every reasonable the accused took every reasonable

precaution to avoid committing the offence precaution to avoid committing the offence in questionin question

Strict & Absolutely Liability Strict & Absolutely Liability ExampleExample

A business would normally be A business would normally be responsible for pollution & runoff responsible for pollution & runoff even if there was no intent…even if there was no intent…

Unless they can prove that they Unless they can prove that they took every reasonable precaution took every reasonable precaution to avoid potential pollution to avoid potential pollution – (i.e. monitoring devices & special (i.e. monitoring devices & special

training for staff)training for staff)

Strict and Absolute Strict and Absolute LiabilityLiability

Absolute liabilityAbsolute liability– offences that do not require mens rea and to offences that do not require mens rea and to

which the accused can offer no defencewhich the accused can offer no defence

– Once the Crown has established that the Once the Crown has established that the offence took place & the accused is responsible offence took place & the accused is responsible for it, the Court for it, the Court mustmust find them guilty find them guilty

– Because they can offer no defence, they cannot Because they can offer no defence, they cannot be imprisoned… usually finesbe imprisoned… usually fines

Involvement in a CrimeInvolvement in a Crime Guilt may also be ascribed to incomplete offences & Guilt may also be ascribed to incomplete offences &

to those who are less than full participants in the to those who are less than full participants in the crimecrime

Parties to an Offence:Parties to an Offence:

PerpetratorPerpetrator Accessory Accessory

after the factafter the fact

AidingAiding AbettingAbetting Counselling Counselling

OffendersOffenders

PerpetratorPerpetrator the person who actually commits the offencethe person who actually commits the offence

Co-PerpetratorsCo-Perpetrators– When more than one person is directly When more than one person is directly

involved in an offenceinvolved in an offence

– both have to be present at the scene of both have to be present at the scene of the offencethe offence

Parties to an OffenceParties to an Offence

AidingAiding– A criminal offence that involves A criminal offence that involves

helping a perpetrator commit a crimehelping a perpetrator commit a crime

Considered partly responsibleConsidered partly responsible Does not have to be presentDoes not have to be present

– i.e. supplying the key to a robberi.e. supplying the key to a robber


AbettingAbetting– The crime of encouraging the perpetrator The crime of encouraging the perpetrator

to commit an offenceto commit an offence

– Must have knowledge of the intent & committed Must have knowledge of the intent & committed an action that assisted the perpetratoran action that assisted the perpetrator

– Without actually providing physical assistanceWithout actually providing physical assistance– i.e. Carlos egging Raj on to beat Bill upi.e. Carlos egging Raj on to beat Bill up


CounsellingCounselling– A crime that involves advising, A crime that involves advising,

recommending, or persuading recommending, or persuading another person to commit a criminal another person to commit a criminal offenceoffence

– Do not have to be at the scene of the crimeDo not have to be at the scene of the crime– i.e. Jenn works @ Save Easy & tells Bob i.e. Jenn works @ Save Easy & tells Bob

where he can steal without getting seen by where he can steal without getting seen by staff/camerasstaff/cameras


Accessory after the factAccessory after the fact– Someone who knowingly receives, Someone who knowingly receives,

comforts, or assists a perpetrator in comforts, or assists a perpetrator in escaping from the policeescaping from the police

– Does not have to participate or help Does not have to participate or help planningplanning

– If you knew that someone was involved in If you knew that someone was involved in an offence & helped them without reporting an offence & helped them without reporting themthem


Party to common intentionParty to common intention– The shared responsibility among The shared responsibility among

criminals for any additional offences criminals for any additional offences that are committed in the course of the that are committed in the course of the crime they originally intended to crime they originally intended to commitcommit

– i.e. 6 people hijack a security truck & one of i.e. 6 people hijack a security truck & one of them shoots & kills the driver, all 6 can be them shoots & kills the driver, all 6 can be charged with murdercharged with murder

Incomplete CrimesIncomplete Crimes

While actus reus + mens rea = crime,While actus reus + mens rea = crime,

there are exceptions (where the act there are exceptions (where the act

has not taken place):has not taken place):

Incomplete Crimes:Incomplete Crimes:– Criminal intentCriminal intent– conspiracyconspiracy


Criminal AttemptCriminal Attempt– The intention to commit a crime, even The intention to commit a crime, even

when the crime is not completedwhen the crime is not completed

– An attempt requires An attempt requires the guilty actthe guilty act but begins but begins the moment mere preparation turns into an the moment mere preparation turns into an action required to commit the offenceaction required to commit the offence

– Mens reaMens rea can also be established as occurring can also be established as occurring at the beginning of an illegal actat the beginning of an illegal act

Had the intent & took some obvious Had the intent & took some obvious stepssteps

Terrorist builds bomb but doesn’t carry throughTerrorist builds bomb but doesn’t carry through


ConspiracyConspiracy– An agreement between two or more An agreement between two or more

people to carry out an illegal act, even if people to carry out an illegal act, even if that act does not actually occurthat act does not actually occur

– You hire a hitman who is an undercover You hire a hitman who is an undercover police officer. No murder was committed, police officer. No murder was committed, but conspiracy to murder wasbut conspiracy to murder was

Oceans 11Oceans 11


During/After viewing this film, fill During/After viewing this film, fill out your worksheet in order to out your worksheet in order to specify which characters in the film specify which characters in the film can be charged for which Party to can be charged for which Party to an Offencean Offence

Homework!!!Homework!!!

P.156 #1,2,3,4,5P.156 #1,2,3,4,5

criminal law

Documents

revises criminal law

criminal offence

criminal liability

individualsreviewcriminal

common law

certain actions criminal

wrongful act

voluntary act