Criminal Law

Defining a Crime

Crime

A crime is an act or omission of an act that is prohibited and punishable by federal statute law

“Omission of an act” means that some crimes are not acts in the strict sense, but rather the failure to act in certain situations

Breaking and entering is a specific intent (act)

Neglect - omission

Impaired driving - act

Assault - act

Conditions

4 conditions must exist for an act or omission to be considered a crime

The act must be regarded as wrong by society

The act causes harm to society in general or those who need protection (e.g. minors)

The harm must be serious

The remedy must be handled by the criminal justice system

Criminal Law

A crime is considered to be an offence not just against the direct victim, but against society as a whole

E.g. when a pair of Beats headphones is stolen from a family-run electronics store, not only is the store owner affected but society as well in that the price of headphones may have to be driven up

It is the government’s responsibility to investigate and act against people who commit crimes

Criminal law is the body of laws that prohibit and punish acts that injure individual people, property, and the entire community

Purpose of Criminal Law

There are 3 main purposes of criminal law

To protect people and property

To maintain order

To preserve standards of public decency

Process

Investigate

Charge Assessment

Prosecution

Sentences

Appeals

The Criminal Code

The Criminal Code of Canada is a federal statute that contains the majority of criminal laws passed by the Parliament

Meant to reflect the social values of the majority of Canadians

Passed as a statute in 1892

The Criminal Code lists

Offences

Sentences to be imposed

Procedures to follow when trying the accused

Judges Decisions

Judges interpret laws from the criminal code

They can also set new limits and create additions to existing laws

E.g. Lavallee (Defence of Battered Women’s Syndrome)

Criminal Law Reading Homework

Page 235

Name and describe two purposes of the criminal law

Retribution

Public denouncing and punishing of wrongful behaviour

Reaffirm social values and deliver “justice”

Protection of society

Deterring future wrongdoing by rehabilitating wrongdoers

Public security and the prevention of crime

Can you think of any situations where these purposes might conflict? In the event of a conflict which purpose should be given priority? Why?

A person who commits fraud might be incarcerated primarily to satisfy the societal demand for justice. Protecting society may not need incarceration, but public opinion might demand punishment to reaffirm social values.

Retribution should be prioritized as this prioritization ensures public confidence in the criminal justice system to maintain morals and ethics.

Page 236

Describe the differing rates of victimization for young people and for seniors. Can you suggest reasons for the difference, using facts derived from the Statistics Canada survey?

25% of Canadians aged 15 or older reported they were victimized in 1999 and 23% during 1993

Young persons were 21 times more likely to be victims of violent crimes than seniors

Younger individuals are more likely to engage in social activities outside their homes while older adults tend to lead quieter, more home-centered lifestyles and are less likely to frequent high-risk environments

Adolescents and young adults often take more risks, such as walking alone late at night, experimenting with alcohol or drugs, or associating with potentially risky peer groups

Younger individuals are generally physically stronger and may feel more confident in risky situations

Did reading the statistics change your ideas about your personal safety strategies? Explain your answer.

Reading these statistics changed my ideas of personal safety strategies because I am at an age where I check off all the reasons why young people are often victimized

Being aware of the environments

Even though younger individuals might feel confident due to their physical strength, overconfidence can lead to underestimating threats

Actus Reus and Mens Rea

Because crimes are moral wrongs, people can only be convicted of a criminal act (or omission) if they have a guilty mind

As such, the Crown Prosecutor must prove 2 elements of a crime: the guilty act (actus reus) and the guilty mind (mens rea)

Actus Reus: Guilty Act

The actus reus of a Criminal Code offence is the act or omission

E.g. failure to act

It is often easy to identify the actus reus of a crime

E.g. s.222(1) of the Code provides that “a person commits homicide when, directly, or indirectly, by any means, he causes the death of a human being” – The actus reus of homicide is causing the death of a human being

Mens Rea - Guilty Mind

The mens rea of a crime can be

The intention to do the guilty act (planning the murder of another person)

Recklessness causing the guilty act (120 km in a 50 km zone, resulting in the death of another person)

Having knowledge of a guilty act (living in a home with someone and having furniture that is the result of the proceeds from the person’s drug trafficking)

Intention - a person intends to commit the actus reus

Wilful Blindness - a person knows of the possibility of illegality but chooses not to ask questions or investigate the situation

Criminal Negligence - while this person did not realize the consequences of her or his actions, a reasonable person should have

Levels of Offences

Absolute Liability

For this offence, you must show that the Crown did not prove beyond a reasonable doubt, that you committed the offence

Strict Liability