Criminal Law- Terms to Know Parts 1 & 2

Criminal Law

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 doesn’t

Goals of Criminal Law

1. Punishment

2. Deterrence

3. Protection of Society

4. Rehabilitation

Root causes of crime

1. Social factors

2. Economic factors

3. Cultural factors

4. Psychology factors

5. Family Structure factors

6. 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

“guilty act”

the wrongful act that can be omission or commission

Mens Rea

“guilty mind”

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 you’re doing the act you’re 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 wasn’t 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

• “Accessory after the fact”

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 it’s an accident or self-defence

1st Degree Murder

PRE-MEDITATED

1. Planned (thought out) and deliberate

2. Victim is a law enforcement agent

3. Death occurs while another offensive crime is being committed (Eg. sexual assualt)

2nd Degree Murder

If the murder doesn’t fit into 1st degree category it’s 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)