Intro to Criminal Law

Purpose of Criminal Law

• To protect people

• Maintain order

• Preserve standards of public decency

What constitutes a crime?

1. The actions or behaviour of the person must be considered immoral by most Canadians

2. The person’s actions must cause harm to society and any individual

3. The harm caused by the person’s actions must be serious

4. The person must be punished by the criminal justice system

How do crimes impact all of society?

• Increases economic costs

• Strains the justice system

• Influences public policies

Types of Offences

• Hybrid Offence

• Summary Conviction Offence

• Indictable Offence

Hybrid Offence

A criminal offence proceeding by way of summary conviction or an indictable offence; the Crown decides which way to proceed

Summary Conviction Offence

A minor criminal offence with less severe punishments

• Usually tried as soon as the charge is laid

• Maximum penalty of a $5000 fine and/or 6 months in jail

• Limitation period is 6 month after the offence

Indictable Offence

A serious criminal offence with a severe penalty

• Proceeds by way of a formal court document (Indictment)

• Maximum penalty of life imprisonment

• No limitation period

Elements of a Crime

If someone is charged with a crime, in order to be convicted the Crown must prove:

1. Actus Reus (guilty act)

2. Mens Rea (guilty mind)

Actus Reus

The act of committing a crime

Mens Rea

The offender’s mental state of mind during the crime

Intent

The state of mind of a person who commits an action deliberately and on purpose

Negligence

The failure to take precautions that any reasonable person would take to avoid causing harm to another person

1. In doing anything

2. In omitting to do anything that is her/his duty to do

Ex. leaving their child in a hot car

Recklessness

Consciously taking an unjustifiable risk that a reasonable person would not take

Ex. drunk driving

Wilfful Blindess

Deliberately closing your mind to the possible consequences of your actions

Aware of the need to make an inquiry, but fail to do so because you want to expunge yourself from the truth

Ex. buying stolen goods, drug smuggling, etc.

Knowledge

Knowing certain facts, doesn’t mean you want to cause harm

Ex. knowingly using a forged document

Motive

The reason why someone would break the law

• Not actus reus or mens rea, but a way to prove that someone had a mens rea

Attempt

No actus reus, but an attempt (guilty act) begins when the person takes the first step toward committing the crime

• Mens rea occurs at the beginning of an illegal act

Conspiracy

An agreement between two or more people to perform an illegal act

• Does not matter if it was carried out

Criminal Defense

The accused response to criminal charges

Possible arguments:

• They can deny they committed the crime (no actus reus)

• The can argue they lacked the nessesary criminal intent or guilty mind (no mens rea)

• They can argue that they have a valid excuse for what happened while committing the crime

Alibi

A defense that the accused was not at the scene of the crime when it took place

Must include:

1. A Statement indicating that the accused was not present at the location of the crime when it was committed

2. An explanation of the accused’s whereabouts at that time

3. The names of any witnesses to the alibi

Automatism

Involuntary action by someone who is in a state of impaired consciousness, without control over his or her actions

Non-Insane Automatism

Non-mental disorder; linked to external factors like sleepwalking, a blow to the head, hypoglycemia, stroke, intoxication, etc.

Insane Automatism

Mental disorder; caused by “disease of the mind” like schizophrenia

NCR

An individual is not criminally responsible if:

1. At the time the crime was committed he or she was suffering from a mental disorder

2. The mental disorder made the individual incapable of appreciating the nature of the act or knowing the act was wrong

General Intent vs. Specific Intent

General Intent: The act of performing an action intentionally

Specific Intent: Intentionally performing an with a specific purpose

Battered Woman’s Syndrome

Psychological conditions caused by domestic violence. Can result in violence due to perceived threat

• Uses self-defense even without an imminent threat

• Defense relies on feeling like there is no other choice than to use force due to years of abuse and threats

Self-defense

Can use “necessary” and “reasonable” force

• Must feel that the threat is real, imminent, and force must not intentionally cause death or serious bodily harm

Necessity

An excuse due to immediate and urgent circumstances

• Must be an imminent risk

Ex. speeding to get a loved one to the hospital

Duress

Crime is committed due to external pressure

• Requires threats of death or bodily harm from a person present at the time of offence

• Excludes many crimes, including murder (must have no realistic choice)

Ex. threated at gunpoint to commit a crime

Ignorance of the Law vs. Mistake of Fact

• Ignorance of the law is not a valid defense

• Mistake of fact can be used though (ex. counterfeit money, purchasing stolen goods, etc.)

Entrapment

Police cannot coerce, forcefully encourage an individual to commit a crime

• They must have a reason to believe criminal activity is already occurring

Conditional vs. Absolute Discharge

Conditional: The individual will have conditions to uphold (partial freedom)

Absolute: The individual will not have any conditions to uphold (complete freedom)

Criminalize

To make a behavior a criminal offence in the Criminal Code

Decriminalize

To make a behaviour that was illegal punishable only by fines

Legalize

To make an act completely legal by removing it from the Criminal Code

Statute of Limitations

A time limit imposed by law within which a specific action must be taken