Criminal Law

Criminal Law

deals with illegal acts committed against society

 If someone commits a crime against society they are charged by the Crown (R. or Regina/Rex) & tried in criminal court

 If found guilty in criminal court one is punished by the Judge (no compensate the victim of the crime in a criminal court

In criminal court, regardless of judge or jury trial, judge decides the sentence

Criminal code - Maximum and sometimes minimum sentence

Precedent

Civil law

• deals with illegal acts committed against an individual

  • Here, the appellant sues the respondent for compensation

    • No jail time or state punishment can be given

  • However, one can be charged with a criminal offence and then sued for damages in civil court.

    • You can serve jail time for theft and then have to pay for what you stole

purpose of criminal law

Criminal law exists to protect society, which it does in a number of ways:

1. Helps deter people from committing crimes

2. Punishes those who commit crimes

3. Imprisons those dangerous to society

Definition of a crime

• For an act to be considered criminal, it must meet four criteria.

  • It must harm other people

  • It must violate society’s basic values

  • Dealing with it must not violate society’s basic values

  • The law can make a significant contribution to resolving the problem

SUMMARY CONVICTION OFFENCES

Minor criminal offences

People accused of these can be summoned to court without delay

Max penalty under CC is $2000 and/or 6 months in jail

INDICTABLE OFFENCES

• Serious Crimes

• Criminal code sets the maximum penalty for each offence

• Some offences have a minimum penalty

• Trial judge decides the penalty. 

• Hybrid offences

• Offences for which the Crown attorney has the right to proceed summarily and impose a less severe punishment, or proceed by indictment

  • Eg.  theft, assault, extortion etc.

Aiding

• Helping someone commit a crime

Abetting

• Encouraging someone to commit a crime

• Accessory after the fact

• Helping someone after the crime has been committed (hiding evidence)