Criminal LawCriminal Law

Criminal LawCriminal Law A A CrimeCrime is any is any actionaction or or omissionomission of of

an act that is an act that is prohibitedprohibited and and punishable by law.punishable by law.

There are four conditions in which an There are four conditions in which an action or omission becomes a crime:action or omission becomes a crime: The act is considered a wrong for The act is considered a wrong for

society.society. The act causes harm to society.The act causes harm to society. The harm must be serious.The harm must be serious. The remedy must be handled by the The remedy must be handled by the

justice system.justice system.

Criminal LawCriminal Law

A crime is not just an A crime is not just an offence against the victim offence against the victim but society as a whole.but society as a whole.

When someone steals a When someone steals a CD player from a store the CD player from a store the store owner must increase store owner must increase prices to prices to compensatecompensate for for the loss. In the end the loss. In the end everyone else ends up everyone else ends up paying for the crime. paying for the crime.

Criminal LawCriminal Law

Because crime impacts society as a Because crime impacts society as a whole it is the governments whole it is the governments responsibility to investigate and act responsibility to investigate and act against the person who committed the against the person who committed the crime.crime.

The main purpose of criminal law is to:The main purpose of criminal law is to: Protect people and propertyProtect people and property Maintain orderMaintain order Preserve standards of public decencyPreserve standards of public decency

Criminal LawCriminal Law The The Criminal CodeCriminal Code is a is a

federal law that contains a federal law that contains a majority of the criminal laws majority of the criminal laws by Parliament.by Parliament.

It contains not only the It contains not only the offences but the offences but the punishments for the crimes. punishments for the crimes. It is meant to reflect the It is meant to reflect the views of Canadian society.views of Canadian society.

The The Criminal CodeCriminal Code can be can be changed; laws can be changed; laws can be revised and repealed.revised and repealed.

Criminal LawCriminal Law

The Canadian The Canadian legal system was legal system was inherited from inherited from England.England.

In 1867 John A. In 1867 John A. MacDonald MacDonald thought it was thought it was best that all of best that all of Canada be under Canada be under one system of one system of laws.laws.

Criminal LawCriminal Law

In order for a person to be convicted In order for a person to be convicted of a crime in Canada it must be of a crime in Canada it must be proved that two elements exist: proved that two elements exist:

1.1. The person actually carried out the The person actually carried out the actact

2.2. The person meant to carry out the The person meant to carry out the actact

Criminal LawCriminal Law The “guilty act” is The “guilty act” is

known as the known as the Actus ReusActus Reus. This . This is the action of the is the action of the crime.crime.

The intent of the The intent of the person is called person is called Mens ReaMens Rea. . Meaning the Meaning the person actually person actually intended to carry intended to carry out the guilty act.out the guilty act.

Criminal LawCriminal Law

In a legal case intent must be In a legal case intent must be proven. proven. Intent Intent means that the means that the person actually knew what they were person actually knew what they were doing was wrong and may cause doing was wrong and may cause harm.harm.

Intent is different from motive. Intent is different from motive. MotiveMotive is a persons reason for is a persons reason for committing the crime.committing the crime.

Criminal LawCriminal Law

Criminal negligenceCriminal negligence is failing to take is failing to take precautions to prevent the harm of others.precautions to prevent the harm of others.

In certain cases the In certain cases the mens reamens rea of a crime of a crime is the criminal negligence of the offender.is the criminal negligence of the offender.

Suppose Victor left a loaded .22 calibre Suppose Victor left a loaded .22 calibre target pistol on top of the night table. His target pistol on top of the night table. His ten year old daughter took the gun and ten year old daughter took the gun and accidentally shot her friend. Victor was accidentally shot her friend. Victor was negligent that he left a firearm where negligent that he left a firearm where someone could use it.someone could use it.

Criminal LawCriminal Law

RecklessneRecklessnessss is is knowingly knowingly taking a risk taking a risk a reasonable a reasonable person person would not would not take.take.

An example of An example of recklessness would recklessness would be knowing you be knowing you need prescription need prescription glasses to drive. glasses to drive. You decide to drive You decide to drive without them and without them and cause an accident. cause an accident. The police would The police would charge you with charge you with dangerous dangerous operation of a operation of a motor vehicle.motor vehicle.

In some cases if a In some cases if a

person purposely fails person purposely fails

to use common sense to use common sense

they are guilty of they are guilty of

wilful blindnesswilful blindness.. A person offers to sell you an LCD A person offers to sell you an LCD

projector at a really good price. When projector at a really good price. When looking at it you notice “Property of looking at it you notice “Property of Westisle” on the side. You decide not Westisle” on the side. You decide not to ask where he got it and buy it. Two to ask where he got it and buy it. Two days later the R.C.M.P are at your door days later the R.C.M.P are at your door charging you with possession of stolen charging you with possession of stolen property.property.

Criminal LawCriminal Law

For less serious offences the For less serious offences the prosecution does not have to prove prosecution does not have to prove mens rea. mens rea. This is the case in This is the case in regulatory lawsregulatory laws..

Regulatory laws are Federal and Regulatory laws are Federal and Provincial laws meant to protect the Provincial laws meant to protect the welfare of the public. welfare of the public. EnvironmentalEnvironmental laws are an example laws are an example of of regulatoryregulatory laws. laws.

Criminal LawCriminal Law Offences that do not require Offences that do not require mens reamens rea can can

be grouped into two categories:be grouped into two categories: Strict LiabilityStrict Liability Absolute LiabilityAbsolute Liability

In In Strict LiabilityStrict Liability cases the accused may cases the accused may acknowledge the offence took place but acknowledge the offence took place but may offer the defence of may offer the defence of due diligencedue diligence..

Due dilligenceDue dilligence is the defence stating that is the defence stating that you took precautions against an accident you took precautions against an accident but one happened anyway.but one happened anyway.

Absolute LiabilityAbsolute Liability cases are where once cases are where once it has been proved that the accuesed it has been proved that the accuesed commited the crime they are guilty. Such commited the crime they are guilty. Such as a seat belt or speeding fine.as a seat belt or speeding fine.

Criminal LawCriminal Law Many crimes involve more than one person. Many crimes involve more than one person.

Crimes such as bank robberies sometimes Crimes such as bank robberies sometimes involve more than one person.involve more than one person.

The person who commits the crime is known The person who commits the crime is known as the as the perpetratorperpetrator. If there is more than . If there is more than one person there are one person there are co-perpetratorsco-perpetrators..

Anyone who helps a person commit a crime Anyone who helps a person commit a crime but is not present at the crime is known as but is not present at the crime is known as aiding.aiding.

Anyone who encourages someone to commit Anyone who encourages someone to commit a crime without actually physically helping a crime without actually physically helping them is considered to be them is considered to be abettingabetting the crime. the crime.

Criminal LawCriminal Law

If a person recommends, persuades If a person recommends, persuades or advises another person to commit or advises another person to commit a crime is guilty of a crime is guilty of counsellingcounselling..

Once the crime has been committed Once the crime has been committed anyone who helps the offender anyone who helps the offender escape capture is guilty of being an escape capture is guilty of being an accessory after the fact.accessory after the fact.

Criminal LawCriminal Law

If a group of people set out to commit a If a group of people set out to commit a crime and in the process end up crime and in the process end up committing several crimes all the committing several crimes all the individuals are charged with all the crimes. individuals are charged with all the crimes. This is known as This is known as party to common party to common intentionintention. .

For example a group decides to rob an For example a group decides to rob an armed truck and in the process one of armed truck and in the process one of them shoots and kills the guard. All of the them shoots and kills the guard. All of the people involved are charged with murder. people involved are charged with murder.

Criminal LawCriminal Law There are two major types of incomplete There are two major types of incomplete

crimes. crimes. 1.1. Criminal attemptCriminal attempt

2.2. ConspiracyConspiracy AttemptAttempt means that a person had the means that a person had the

intent to commit a crime, but for some intent to commit a crime, but for some reason, failed to carry it through. An reason, failed to carry it through. An attempt does require attempt does require actus reus, actus reus, but but technically the guilty act begins the technically the guilty act begins the minute the preparation turns into action.minute the preparation turns into action.

ConspiracyConspiracy is an agreement is an agreement between two or more people to between two or more people to perform an illegal act. perform an illegal act. It does not matter whether the act is It does not matter whether the act is

actually carried out. actually carried out. Even if the conspirators change their Even if the conspirators change their

minds or do not get a chance to commit minds or do not get a chance to commit the offence, they still are guilty of the offence, they still are guilty of conspiracy because they once agreed to conspiracy because they once agreed to commit the crime.commit the crime.

QuestionsQuestions

1.1. __________ The person who commits the crime.__________ The person who commits the crime.2.2. __________ If there is another person at the scene __________ If there is another person at the scene

of the crime they are called….of the crime they are called….3.3. __________ If a person helps commit the crime but __________ If a person helps commit the crime but

is not at the crime scene is guilty of…is not at the crime scene is guilty of…4.4. __________ If someone encourages a crime but __________ If someone encourages a crime but

does not physically help they are guilty of …does not physically help they are guilty of …5.5. __________ Anyone who recommends, persuades or __________ Anyone who recommends, persuades or

advises someone to commit a crime is guilty of …advises someone to commit a crime is guilty of …6.6. __________ Someone who helps a fugitive escape __________ Someone who helps a fugitive escape

capture is guilty of…capture is guilty of…7.7. __________ If a group of people commit a series of __________ If a group of people commit a series of

crimes in order to commit a crime they are guilty crimes in order to commit a crime they are guilty of…of…