Law 12 Chapters 4-5

Criminal Law

Criminal Law

Deals with offences committed against society.

Summary Conviction Offences

Minor criminal offences

Indictable offences

Serious crimes that caryy more severe penalties (Punishments) than summary conviction offences. It is up to trial judges to decide the actual pentalty. (ex: Homicide)

Conditions for an act to be criminal:

-The action must harm other people. -The action must violate the basic values of society. -Using the law to deal with the action must not violate the basic values of society. -Criminal law can make a significant contribution to resolving the problem. They also need actus reus (committing a wrongful deed) and mens rea (a guilty mind)

Criminal Code

Big book that is the main source of criminal law in Canada that describes offences that are considered crimes, as well as punishments for crimes. Is federal so that all Canadians are treated equally.

Summary vs Indictable Offences

Summary offences are less serious than indictable offences where people can be arrested and summoned to court without delay with its maximum penalty being $2000 and/ or 6 months in jail. Indictable are more serious crimes where the maximum pentality is life in prison.

Quasi-Criminal

Laws passed by provinces, territories, or municipalities that are not considered part of the criminal code but resemble criminal laws. They do not deal with actual crime. (ex: traffice offence)

Mental Disorder

No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. Thus, if suffering from a mental disorder, you are not guilty for the crime.

General Intent

The intent is limited to the act itself and the person has no other criminal purpose in mind. Actual intent to perform some act, but without a wish for the consequences that result from that act. (ex: in the case of assault, the crown only has to prove that action was being committed, not if there was any alterior motives. X assaulted Y, we don’t need to know if it was to kill Y or to rob from Y-only needs to prove actus reus)

Specific intent

Exists when the person committing the offence has further criminal purpose in mind, thus you must have to prove both actus reus and mens rea.

Actus reus

committing a wrongful de

Mens rea

a guilty mind

Strict Liability:

A kind of offence that needs no mens rea for conviction because even committing the action makes you guilty. But, due diligence is a defence.

absolute liability

A kind of offence that prosectutors only need to prove actus reus and not mens rea as just committing the action makes you guilty and due diligence is not a defence.

due diligence

Is a defence in which the accused took reasonable care not to commit the offence or honestly believed in a mistaken set of facts.

brean and enter

happens when someone enters your property (for example, your home or office), without permission, with the intention of committing a crime, often theft. This is also an example in which an attempt may also be a guilty offence.

attempt

Having an intent to commit the offence. Proving attempt means proving there was intent to commit the offence

aid and abetting

Aiding means to help someone commit the crime (suggest). Abetting is to encourage someone to commit a crime (urge).

accessory after the fact:

Someone who helps the criminal escape detention or capture.

Motive

the reason for committing an offence

Supreme Court of Canada

½ courts set up by the authority of the federal government and is a general court of appeal from decisions of all other Canadian courts of law.

Consent

is a matter of the "actual state of mind of the complainant". Involves both actus reus and mens rea.

MAID

Medical Assistance in Dying, aka euthanasia, where medical professionals can legally aid in the assisted suicide of terminally and chronically ill patience who consent to this death. In some cases, people who are mentally ill are able to receive this.

Abduction

Forcible removal of an unmarried person under the age of 16 from the care of a parent, guardian, or any other person who has lawful care of the child. Abduction is strictly towards the removal of a child by a parent.

Robbery

Theft involving violence, the threat of violence, assault, or the use of an offensive weapon (includes imitation)

Stalking

No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone

Assault

Applying intentional force to another person, either directly or indirectly, without the person’s consent. Attempting or threatening. Approaching and blocking the way of another person. Is the least severe.

Assault causing bodily harm

Committed by anyone who, while committing assault, carries, uses, or threatens to use a weapon or an imitation of a weapon, or causes bodily harm. Second most severe

Aggravated Assault:

Most severe form of assault. Is committed if a person wounds, maims, disfigures, or endangers the life of the victim.

sexual assault

Applying intentional force to another person, either directly or indirectly, without the person’s consent. Attempting or threteaning. Approaching and blocking the way of another person. Is the least severe. All in a sexual conduct.

Sexual Assault Causing Bodily Harm:

Committed by anyone who, while committing assault, carries, uses, or threatens to use a weapon or an imitation of a weapon, or causes bodily harm in a sexual conduct. Second most severe.

Aggravated Sexual Assault:

Most severe form of sexual assault. Is committed if a person wounds, maims, disfigures, or endangers the life of the victim done in a sexual conduct.

first degree murder

Is a culpable offence in which the murder is -planned and deliberate. -If the victim is a law enforcement -Killed while hijacking a plane -Committed in regards to sections of assault, or -kidnapping -Using explosives -terrorism

2nd degree murder

All murder that is not 1st degree murder.

manslaughter

Causing the death of a human, directly or indirectly, by means of an unlawful act that requires only general intent. Seen as a “spur of the moment” murder. (ex: killing someone while speeding is manslaughter as you had general intent to speed but no motive to kill someone).

Infanticide

The killing of a newborn by his or her mother. Means that the accused has not yet recovered from the effects of childbirth and is suffering from depression and mental disturbance.

intoxication as a defence:

Intoxication can be used as a defence as the accused is not in the proper consciousness which eliminates mens rea.

Prohibited Weapons:

Weapons that are prohibited in being carried and are firearms, rifles, switchblades, etc.

Restricted Weapons:

Firearms that can be fired with one hand and are restricted from carrying around.

colour of right:

When a person has a legal right to an item.

terrorism

An action that takes place either within or outside of Canada that is an offence under one of the UN anti-terrorism conventional protocols.

Fraud

Making false statements to obtain credit or loans. (false pretences)

Mischief

Deliberate destruction or damaging of a property