Criminal Law
Public law; R v defendant
Why are there more safeguards in Criminal Law?
Because of the fundamental power imbalance:
The state has unlimited resources to prosecute while the defendant usually doesnât
Goals of Criminal Law
Punishment
Deterrence
Protection of Society
Rehabilitation
Root causes of crime
Social factors
Economic factors
Cultural factors
Psychology factors
Family Structure factors
mental health
Rights protected by the charter - S. 7
Right to life, liberty, and security of the person
Rights protected by the charter - S. 8
Freedom from unreasonable search and seizure
Rights protected by the charter - S. 11
Right in criminal and penal matters such as the right to be presumed innocent until proven guilty and the right to a fair trial.
Actus Reus
âguilty actâ
the wrongful act that can be omission or commission
Mens Rea
âguilty mindâ
The intention or required state of mind
The Criminal Code
A federal statute; an important way we ensure our right are protected
If any part of the criminal code is found to contravene the Constitution it can be struck down
Quasi-criminal
Crimes not listed in criminal code (eg. food & drugs act)
-Similar procedure and penalties but governed by different statutes
Legal test for criminal guilt
Actus Reus + Mens Rea = Guilty
(wrongful act + intention = guilty)
Types of offences- Summary Conviction
Less serious; eg. theft
Max penalty 6 months jail /$2000 fine
Types of offences- Indictable
More serious; eg. murder
Max penalty up to life but some offences have minimum penalty
Types of offences- Hybrid
Can be either summary conviction or indictable depending on severity; eg. assault
Levels of Mens Rea- Intention
Fully intending to commit the offence
Levels of Mens Rea- Willful Blindness
Knowing of possibility of illegality but choosing not to ask questions
Levels of Mens Rea- Criminal Negligence
Perhaps no intent, but it was reasonably foreseeable that an offence could occur
Levels of Mens Rea- No Intention
Accident or reasonable mistake
Strict Liability
No Mens Rea required- some defences permitted
Absolute Liability
No Men Rea required- no defences permitted
If youâre doing the act youâre automatically guilty (eg. environmental dumping)
Attempt
Intending to commit a crime but failing to complete the act
- makes you guilty of the offence you attempted
Conspiracy
An agreement between 2 or more people to commit a crime or achieve something by doing something illegal
- Can be convicted even if the plan wasnât carried out
Aiding or Abetting
Aid- to help someone commit a crime
Abet- to encourage someone to commit a crime
Accessory
Someone who helps a criminal escape detention or capture
includes providing food, shelter, or clothing
âAccessory after the factâ
homicide
killing another person
Culpable homicide
Murder where the person who causes the death of a human being
(a) means to cause death, or
(b) means to cause bodily harm that they know is likely to cause death
Non culpable homicide
Murder but itâs an accident or self-defence
1st Degree Murder
PRE-MEDITATED
Planned (thought out) and deliberate
Victim is a law enforcement agent
Death occurs while another offensive crime is being committed (Eg. sexual assualt)
2nd Degree Murder
If the murder doesnât fit into 1st degree category itâs 2nd degree.
*2nd degree can be planned but not pre-meditated.
Causation
As with torts, you still need to demonstrate that the harm caused the death
Manslaughter
Causing death of person, directly or indirectly, by means of unlawful act
Lower level of intent (eg. you assault someone and death occurs)