crim ch 10 - CRIMINAL LAW

concern of criminal law

with public wrongs, even if they occur in private

• defines what the state regards as intolerable deviance

where summary offences are heardd

in lower provincial courts by a judge alone

section 553 of the code

lists the summary charges that fall under the absolute jurisdiction of the provincial court

indictable offences options

individuals charges with indictable offences often have the option of having their case heard before a:

1. provincial court judge,

2. a superior court judge, or

3. a super court judge and jury

offences under section 469

require a superior court judge and jury

section 21

lays out the various ways that a person can be held liable for criminal offending

Strict liability

Crown needs to prove an objective intent, then a reverse onus where the accused must then show he had no intent to commit the crime or exercised due diligence

absolute liability

intent is irrelevant 

section 35

self-defence and defence of property

charge approval

the first step in proceeding with charges recommended by a policing agency. the respective crown council office will need to decide whether to approve, amend, or drop charges after conducting an initial assessment of the evidence

s.17 

provides the conditions under which the defence of duress is available

necessity

a defence in which the defendant claims a lack of criminal responsibility for a criminal act owing to the fact that, because of an imminent threat, they had no choice but to commit the act

s.33.1 changes

integrated the new language, if a person departed markedly from the expected care in that consuming the intoxicating substances could cause the extreme intoxication, they will not likely be able to successfully rely on this defence.

mistake of fact

defence arising from an honest but mistaken belief about one of the elements of the offence committed

s.273.1

outlines the meaning of consent

s.265(3)(c)

requires both a dishonest act and a deprivation

s.273.1(1)

has never required an analysis of the risks or consequences caused by unwanted touching