grade 11 law p2

Definition of a Crime

A crime is an act or omission that violates the law and is punishable by the state.

4 Conditions for a Crime

1. Act is prohibited by law 2. Causes harm 3. Punishable 4. Person has necessary intent (mens rea)

3 Purposes of Criminal Law

1. Protect society 2. Maintain order 3. Punish and discourage offenders

Provincial Crimes

Mostly traffic and regulatory offences; provinces have authority over property and civil rights

Elements of a Crime

Actus Reus (guilty act) and Mens Rea (guilty mind)

5 Types of Mens Rea

Intent, Knowledge, Recklessness, Willful Blindness, Negligence

General vs Specific Intent

General: intent to commit act; Specific: intent to achieve a specific result

Examples of Mens Rea

Intent: theft; Knowledge: selling illegal drugs; Recklessness: speeding in crowd; Willful Blindness: ignoring stolen package; Negligence: leaving candle unattended causing fire

Ways to be Involved in Crime

Principal, Aiding, Abetting, Counseling, Accessory after the fact, Party to Common Intention

Attempt & Conspiracy

Attempt: act with intent but fail; Conspiracy: agreement to commit crime, act not required

Proving Mens Rea

Direct evidence, Circumstantial evidence, Presumptions by law

Levels of Police

Municipal, Provincial (OPP), Federal (RCMP)

Steps in Police Investigation

Secure scene, Collect evidence, Interview witnesses, Arrest suspects, Prepare court reports

Types of Evidence

Physical, Documentary, Testimonial

Arrest, Detention, Search

Arrest with/without warrant if reasonable grounds; Detention must respect Charter; Search with consent, warrant, or demanding circumstances

Warrants, Appearance Notices, Summons

Warrant: court order; Appearance notice: require accused to appear; Summons: compel witness/defendant

Police Search Rules

Person: consent/warrant/arrest; Place: consent/warrant/exigent

Summary, Indictable, Hybrid Offences

Summary: minor, <6 months/fine; Indictable: serious, up to life; Hybrid: Crown chooses

Culpable vs Non-Culpable

Culpable: intentional or reckless; Non-Culpable: accidental, not legally blameworthy

Murder & Homicide

Murder: intentional/reckless killing; 1st degree: planned, contract, peace officer victim, during serious crime; Manslaughter: unintentional killing

Infanticide

Accused is natural mother, child under 12 months, mother has mental

General intent vs Specific intent

General intent = intent to commit the act only. Specific intent = intent to achieve a specific result beyond the act.

Aiding

Helping the principal commit the crime.

Abetting

Encouraging or assisting someone in committing a crime, even if not present.

Counseling

Advising, recommending, or persuading someone to commit a crime.

Accessory after the fact

Helping someone avoid arrest or prosecution after the crime is committed.

Party to common intention

All participants share a plan; each is responsible for crimes committed in furtherance of the plan.

Attempt vs Conspiracy

Attempt = tried but failed to commit crime; Conspiracy = agreement to commit crime, no act required yet.

Levels of police in Canada

Municipal, Provincial (OPP), Federal (RCMP)

Steps in a police investigation

1. Secure scene 2. Collect evidence 3. Interview witnesses 4. Arrest suspects 5. Prepare court reports

Types of evidence

Physical, Documentary, Testimonial

Police powers for arrest, detention, search

Arrest: with/without warrant if reasonable grounds; Detention: must respect Charter; Search: consent, warrant, or exigent circumstances

Warrants, Appearance Notices, Summons

Warrant = court authorizes arrest/search; Appearance notice = accused must appear in court; Summons = compels witness/defendant to appear

Police search rules

Person: consent, warrant, arrest; Place: consent, warrant, exigent circumstances

Summary vs Indictable vs Hybrid offences

Summary = minor,

Culpable vs Non-culpable

Culpable = intentional or reckless; Non-culpable = accidental, not legally blameworthy

Intent vs Non-intentional crimes

Intent: murder, assault, theft; Non-intentional: manslaughter (unintentional)

Mischief vs Public Mischief

Mischief = damaging property; Public Mischief = causing police to investigate false crime

Theft vs Robbery vs

Theft = taking without consent; Robbery = theft with violence or threat;

Possession vs Trafficking

Possession = having illegal substances; Trafficking = selling, transporting, or distributing

Money laundering

Hiding or disguising money obtained from crime to make it appear legal

Break and Enter

Entering a building or property without permission with the intent to commit a crime inside, usually theft.

Fraud

Deception or trickery used to gain property, money, or advantage dishonestly; includes false statements, scams, or misrepresentation.

Gambling

Participating in betting or wagering on games, sports, or events where the activity is illegal under law.

Principal Offender

The person who actually commits the crime.

Actus Reus

The “guilty act” — the physical action or behavior that breaks the law.

Mens Rea

The “guilty mind” — the intent, knowledge, or recklessness behind the act.

Attempt

Trying to commit a crime but not finishing it; still illegal.

Conspiracy

When two or more people agree to commit a crime, even if it hasn’t happened yet.

Simple Assault

Assault without weapon or serious injury.

Assault with Weapon or Causing Bodily Harm

Assault involving a weapon or causing actual bodily harm to the victim.

Aggravated Assault

Assault causing serious injury or endangering the victim’s life.

First-Degree Homicide

Planned and deliberate killing.

Second-Degree Homicide

Intentional killing that is not planned.

Manslaughter

Unintentional killing through recklessness or negligence.