criminal offences pulp fiction
DESCRIPTION
CRIMINAL OFFENCES PULP FICTION. Kevin Sakai – HAYDEN SO – AARON ANG – KIRBY SO. CHARACTERS. VINCENT. MIA. JULES. BUTCH. RINGO. YOLANDA. OFFENCE: CRIMINAL NEGLIGENCE. DRUG OVERDOSE SCENE. CRIMINAL NEGLIGENCE. 219. (1) Every one is criminally negligent who - PowerPoint PPT PresentationTRANSCRIPT
CRIMINAL OFFE
NCES
PULP
FICTIO
N
K E V I N S A K A I – H A Y D E N S O – A A R O N A N G – K I R B Y S O
CHARACTERS
VINCENT
JULES
RINGO
MIA
BUTCH
YOLANDA
OFFENCE:
CRIMINAL NEGLIG
ENCE
D R U G OV E R D O S E S
C E N E
CRIMINAL NEGLIGENCE219. (1) Every one is criminally negligent who (a) in doing anything, or (b) in omitting to do anything that it is his duty to do,shows wanton or reckless disregard for the lives or safety of
other persons. (2) For the purposes of this section, “duty” means a duty
imposed by law.
ACTUS REUS AND MENS REA
AC T U S R E U S• Failed to take Mia
to hospital• Failed to provide
her with safe and assured medical care
• She survived through a stroke of luck
M E N S R E A• Feared that he would be
arrested at the hospital• Did not want his boss to
know about it• Brought her to the man
that sold him the heroine
• Even after the drug dealer said that he had no experience or knowledge went through with the act
CASE PRECEN
DENCE
• Marcel Serre was sentenced to 4 years
• He broke into a man’s house to collect drug money
• He was armed
R V. Serr
e
OFFENCE:
BREAK AND ENTER
B U T C H ST A K E O U T S
C E N E
BREAKING AND ENTERING348. (1) Every one who (a) breaks and enters a place with intent to commit an indictable offence
therein,is guilty (d) if the offence is committed in relation to a dwelling-house, of an indictable
offence and liable to imprisonment for life, and (2) For the purposes of proceedings under this section, evidence that
an accused (a) broke and entered a place or attempted to break and enter a place is, in
the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or
(3) For the purposes of this section and section 351, “place” means (a) a dwelling-house;
ACTUS REUS AND MENS REA
AC T U S R E U S• Vincent was
armed• He entered
dwelling without an invitation
M E N S R E A• Vincent entered with
the intent to kill• His partner
unintentionally left a MAC-10 at the scene
• The silencer on the weapon was indicative of intent to kill
CASE PRECEN
DENCE
• Marcel Serre was sentenced to 4 years
• He broke into a man’s house to collect drug money
• He was armed
R V. Serr
e
OFFENCE:
ARMED ROBBERY
R E S T A U R A N T SC E N E
ARMED ROBBERY343. Every one commits robbery who(a) steals, and for the purpose of extorting whatever is stolen or to prevent or
overcome resistance to the stealing, uses violence or threats of violence to a person or property;
(b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person;
(d) steals from any person while armed with an offensive weapon or imitation thereof.
344. (1) Every person who commits robbery is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (ii) in the case of a second or subsequent offence, seven years;
ACTUS REUS AND MENS REA
AC T U S R E U S• Brandished
firearm in restaurant
• Uttered death threats
• Demanded property
M E N S R E A• Had the intent to
commit robbery• Discussion revealed
conspiracy to commit
• Had motive – money• Both were
experienced thieves
CASE PRECEN
DENCE
• Jermaine Carvery was sentenced to 25 years
• He was a serious armed robber
• He held up a Costco and 40 of its employees
R V. CARVER
Y
OFFENCE:
FIRST D
EGREE MURDER
B U R G E R SC E N E
FIRST DEGREE MURDER231. (2) Murder is first degree murder when it is planned and deliberate.(2), murder is planned and deliberate when it is committed pursuant to an arrangement
under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another
(5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:
(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when
(a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or
(b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.
(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.
ACTUS REUS AND MENS REA
AC T U S R E U S• Entered man’s
house through intimidation tactics
• Shot man on Sofa• Shot man several
times in chest and stomach
• Shot third man in chest
M E N S R E A• Intent to retrieve
contraband and kill a former associate
• Working in alignment with criminal organization
• Members of the Los Angeles Mob
• Worked under orders of Marcellus Wallace (crime figure)
CASE PRECEN
DENCE
• Marcel Serre was sentenced to 4 years
• He broke into a man’s house to collect drug money
• He was armed
R V. Serr
e
THE END
T H A N K YO U F
O R VI E
W I NG