Law Studies 12

Definition of a crime

An act/ omission of an act that is prohibited and punishable

Example of a crime that involves an omission of an act:

Failiur to stop at the scene of an accident you were involved in

4 Conditions that must exist for an act or omission to be considered a crime

1. The act is considered wrong by society

2. The act causes harm to society in general

3. The harm is serious

4. Remedy must be handles by the criminal justice system

why is a crime an offence against a society as a whole, not just the direct victims of a crime? Use an example to illustrate your answer

crime is considered to be an offence against the victim and society as a whole Example: Shoplifting increases prices at stores for all consumers.

Define criminal law

The body of laws that prohibit and punish acts that injured people, property, and the entire community

What are the three main purposes of criminal law?

1. Protect people and property

2. Maintain order

3. Preserve standards of public decency

What is the criminal code of Canada?

A federal statute that contains the majority of the criminal laws passed by the Parliament

Why are criminal laws in Canada added, revised, or reappealed.

To reflect changing social values, address, new types of crime, fix problems in existing laws, and protect public safety and rights

section 43 of the criminal code allows teachers, parents or guardians to use reasonable force in disciplining children. What would you consider reasonable force and do you think that this section should be amended ?

Reasonable force means minor, non-injurious physical discipline to correct behavior. I think it should be amended to better protect children and encourage non-physical discipline methods.

Use examples to explain the responsibilities of federal and provincial governments in the area of criminal law

Federal government: creates criminal law and defines crimes in the criminal code of Canada, which applies across the country

Provincial governments: enforced, criminal law, including policing, prosecutions, and court administration

What is a quasi criminal law? include an example

Laws covering less serious offences at the provincial or municipal level. Punishable by fines.

Example: traffic laws, such as speeding

Lars banning the sale of tobacco minor – criminal or a quasi criminal explain

quasi criminal law because they are provincial laws of penalties like fines and are not part of the criminal code

Define an indictable offence. Example

It is the most serious offence that results in Horcher penalties like jail time meaning you must show up to a higher court like superior court

Define a summary of offence. Example

A summary offence is a less serious crime in Canada that has lighter penalties you do not have to go on the court date. Lawyer goes on behalf.The example is public nudity.

Define a hybrid offence

A hybrid offence is a crime in Canada that can be treated as either a summary offence or an indictable offence, depending on how serious the case is and what the Crown chooses. EXAPMLE: Mailing of obscene material/ assult

Name three of the most interesting part headings in the criminal code

Part two terrorism, part, 6 of privacy and part 12 offences relating to currency

True or false the laws of the criminal code apply to members of the Canadian armed forces

True

True or false you can be charged with a criminal code offence outside of Canada

what is one exception explain

False. An exception is that treason which is crime betraying one’s country or offences on a Canadian aircraft/ship Canada remains the right to prosecute them.

what constitutes “disease of the mind” under the law’s definition/ meaning?

Mental health disorder in section 16 condition that makes a person incapable of appreciating the nature and quality of an act

What is the most severe level of assault?

Section 268 aggravated assault

What is the maximum prison penalty in Canada?

Life imprisonment

What is the maximum penalty for fabricating evidence?

14 years in imprisonment

What is the maximum penalty for being unlawfully in a dwelling?

10 years if prosecuted as an indictable offence

Is it a crime to put a slug in a vending machine?

Yes

What is the penalty for spreading false news?

There is no penalty

What is illegal to set if it’s going to cost bodily harm?

Traps

What is the penalty for mail theft?

An indictable offence with a maximum of 10 years

What is the penalty for identity theft

Indictable offence with a maximum of five years

Can you spend life in prison for attempting to commit murder?

Yes, you can. It’s indictable.

What is the penalty for public in excitement or hatred?

It’s an indictable offence with a maximum of two years in prison

Infanticide

hijacking

imprisonment of a police officer

forgery

sexual assault- aggravated

incest

cruelty to animals

public nudity

carrying a concealed weapon

indecent telephone calls

in dignity to a dead body

murder

manslaughter

betting

mailing obscene materials

theft over $5000

theft under $5000

What is Actus Reus?

Actus Reus is the “guilty act”—a voluntary action, omission, or state of being that is prohibited by law.

What is Mens Rea?

Mens Rea is the “guilty mind”—the intent to commit a crime or act with reckless disregard for the consequences.

In Actus Reus define an action, an omission, and a state of being. an example for each

Action: 1) Harm/loss to a person or group of people

2) Damage to property.

EX: Striking someome without consent

Omission: Failing to do something

EX: Infant dies from malnutrition due to not being fed

A state of being: Neither an action/ state of being

EX: Being in possession of stolen goods or break-in tools

What are the 5 pillars of Mens Rea?

1. Intent

2. Motive

3. Knowledge

4. Criminal neglegence

5. Strict and absolout liability

What is intent (general vs specific intent) in criminal law? Examples of each:)

Intent is a state of mind where a person knows the result of their actions and/or is reckless, and it must be proven by the Crown. General intent means committing a wrongful act without an extra goal (e.g., Joe hits Fred). Specific intent means committing an act to achieve another crime (e.g., Joe hits Fred to rob him).

What is motive in criminal law? Use Joes robbing example

Motive is the reason a person commits a crime. It is not required for conviction. Example: Joe’s intent is to rob Fred, but his motive is gambling debt.

What is knowledge in criminal law mens rea?

Knowledge is awareness of certain facts that can help establish mens rea

What are criminal negligence, recklessness, and wilful blindness? ex of each

Criminal negligence: reckless disregard for others’ safety (e.g., leaving a loaded gun where a child can access it).

Recklessness: is knowingly taking an unsafe risk that a reasonable person would avoid (e.g., driving without required glasses and causing an accident).

Wilful blindness is choosing to ignore obvious facts or consequences (e.g., buying a suspicious cheap TV with no serial number).

What are strict and absolute liability offences? exapmples

federal or provincia laws that protect public safety and welfare. They are less serious offences where the Crown does not need to prove mens rea (intent). Examples include environmental laws, workplace safety rules, and traffic offences.

What are strict liability offences?

cases where the accused can avoid responsibility by proving due diligence, meaning they took all reasonable precautions to prevent the offence. Example: An employer shows they provided full safety training and equipment even if an employee still got injured.

What are absolute liability offences?

regulatory offences where no defence is possible once the facts are proven. The court must find the accused guilty if they committed the act, and mens rea is not considered. Jail time is usually not a penalty. Examples include driving without a licence or speeding.