Unit 3 - Criminal Law

Element of a crime

proving guilt

Proving guilt

crown must establish that mens rea and acts reus existed at the time of the offence

Actus Reus

wrongful act. focusses on the consequences of criminal action. act must achieve loss, harm or the individual fails to do something required by the law

Mens Rea

guilty mind. knew the act was wrong and criminal. refers to their criminal intent.

Elements of mens rea (one must be proven)

Act was willful, knowing, negligent, willfully blind, reckless and the intent and willingness to commit

Two types of intent

Specific and general

Specific intent

one criminal act performed in order for the second act to take place

General intent

perform act in question with no ulterior motive or purpose

Recklessness

actions are of reckless nature and increase the probability to put another’s life or property in danger

Negligence

Action is criminally negligent when it fails to meet standard of responsibility expected of a reasonable person

Willful Blindness

Person is nearly certain that an activity is criminal but chooses to deliberately shut their eyes to it

Criminal state of mind

Intent is not required

Parties to an offence

an individual who commits an offence, aids a person to commit an offence or abets a person in committing an offence

Parties to an offence examples (5)

Perpetrator, aiding, abetting, procuring, assessing after the fact

Aiding/Aider

Person knows a crime is being committed and still helps in some way

Abetting

Encourages the commission of an offence. An abettor must be present at the scene of the offence

Accessory after the fact

One who helps offender escaper detention or capture

Assault

Unwanted application of force (indirect or direct)

Violent crimes

offences that harm the human body in some way

Theft

Stealing not within a structure

Burglary

Breaking and entering into a structure

Robbery

Theft with a weapon

Offences that require no mens rea

Strict and absolute liability offences

Strict Liability Offences

requires a criminal act but no mens rea. Accused must show “due diligence”

Due diligence

did everything possible to avoid this from happening

Absolute Liability Offences

Had no intent but the action still happened (ex: speeding). Since there are no available defences, punishment can’t be prison and is typically a fine

Commit homicide (directly or indirectly)

causes the death of a human being. Is culpable or not culpable

Non culpable homicide

A killing for which the accused can not be held legally responsible

Defences/catergoires of non culpable homicides

Self defence, accident, times of war

Culpable homicide

A killing for which the accused can be held legally responsible

Elements of a culpable homicide (3)

1. By means of an unlawful act

2. Criminal negligence

3. Threats, fear, violence or deception to do anything that causes their death

Types of culpable homicides (3)

Murder, infanticide and manslaughter

Murder (1st degree)

The unlawful killing of one human being by another. Murder is planned and deliberate.

Murder (2nd degree)

Kills without premeditated plans. Doesn’t fit in with first degree but is still intentional.

Manslaughter (directly or indirectly)

Causing the death of a human by means of another unlawful act

Infanticide

A mother kills her new born child

Defences for culpable homicide

provocation and intoxication

Provocation Defence

Must be proved that the accused caused another’s’ death because they were provoked

Intoxication Defence

Must prove that Actus Read and intent was present. If intoxication cases doubt on the accused’s intent its manslaughter

The 3 levels of assault

Common assault, assault causing bodily harm and aggravated assault

Common assault (directly or indirectly)

Application or threat to apply of unintentional force to another person without their consent. 5 years max

Assault causing bodily harm

Commits assault while carrying, using or threatening to use a weapon or causes bodily harm. 10 years max

Aggravated assault

Most severe form. Wounds, maims, disfigures or endangers the life of the victim. 14 years max

3 levels of sexual assault

Common assault, assault causing bodily harm and aggravated assault

Common sexual assault

minimal to no injuries. 10 years max

Sexual assault causing bodily harm

carries, uses or threatens use of weapon. Threatens or causes bodily harm. Is a party to the offence with any other person. 14 years max

Aggravated sexual assault

Wounds, maims, disfigures or endangers the life of the victim. life sentence

Twin myths

1. someone who is more sexually active is more likely to have consented

2. someone with more sexual partners is more likely to lie about these incidents

Statutory rape

Sexual contact with someone under the age of consent

Close in age exemptions

1. Children’s age 12-13 can consent to sexual activity with someone who is less than 2 years older

2. 14 and 15 can consent to sexual activity with partners that are less than 5 years older

Arson

intentional or reckless causing of damage by fire or explosion to property, whether or not the arsonist owns the property

Fraud

Deceiving someone for criminal gain

Terrorism

Any violent act taken for political, religious or ideological reasons

Summary offences

Less severe offences. Max fine $5000

Hybrid offences

Dual offence. Prosecution decides fines based off severity of crimes

Indictable offences

Most severe offence. Max is life in prison