Criminal Law (new w cath stuff)

What sections in the criminal code covers murder?

1. Section 222: Defines homicide and the kinds (culpable vs. non-culpable)

2. Section 229: Defines when culpable homicide is murder

3. Section 231: Classifies murder as first-degree or second-degree

4. Section 234: Manslaughter

5. Section 235: Sets the punishment for murder

Define homicide + the two kinds

A person commits homicide when, directly or indirectly, by any means, he causes the death of a human being

1. Culpable: you hold legal responsibility (e.g. murder)

2. Non-culpable: no legal responsibility (e.g. self-defence)

Describe the two degrees of murder + manslaughter

1. First-degree = planned and deliberate

2. Second-degree = all other murder that isn’t first-degree (unplanned and deliberate)

3. Manslaughter = all culpable homicide that isn’t murder or infanticide

What is the punishment for murder

First-degree, second-degree, manslaughter - all are indictable offences

1. First and second - life sentence

2. Manslaughter - min 4 years, can be life sentence

What section in the criminal code covers assault?

1. Section 265: describes the various forms of assault

2. Section 266: punishment

Define assault

A person commits an assault when:

1. intentionally applies force to another person without consent,

2. Attempts or threatens to apply force to another person, or causes the other person to feel threatened,

3. or harass someone while openly wearing/carrying a weapon (can be imitation)

What section in the criminal code covers theft?

Section 322: defines theft

Section 324: outlines punishment

Define theft

Every one commits theft who fraudulently and without colour of right takes, or converts to his use or to the use of another person, anything with intent

Describe the difference between mens rea and actus reus

Mens rea: the mental element of one’s criminal actions (intent)

Actus reus: the physical or guilty act, omission, or state of being that constitutes a crime

***Both are required for a criminal conviction

What is the difference between legal, illegal, and criminal

legal = allowed by law

illegal = unlawful but not criminal (civil wrongs, punishable by fines)

Criminal = seen as immoral, in the criminal code, more serious offence

describe criminalizing and decriminalizing

Decriminalizing = making an act illegal but not criminal

Criminalizing = make an act criminal

What are the 5 steps to a lawful arrest

1. Notice on arrest (identifying herself or himself): “I am Police Constable ___.”

2. Advising the accused that he or she is under arrest and the offence charged with: “I am arresting you, (suspect’s name), for (criminal act(s)).”

3. Caution 1, inform suspect of right to counsel (lawyer)

4. Caution 2, inform suspect of right to remain silent

5. Physically touching the accused to signify custody (this often involves handcuffs).

describe the difference between Summary v Indictable v Hybrid offences

1. summary conviction offence = a minor criminal offence with less severe punishments, which is usually tried soon after the charge is laid (summarily) without a preliminary hearing or jury

   1. Max penalty: a fine of $2000 and/or six months in jail

2. indictable offence = a serious criminal offence with a severe penalty, proceeding by way of a formal court document called an indictment

   1. Max and min penalties different for each offense

3. hybrid offence = a criminal offence proceeding by way of a summary conviction or an indictable offence; the Crown decides which way to proceed

   1. Max penalty: vary from 2 years to 10 years imprisonment

define discharge + the two types (Absolute + Conditional) of Discharge

Discharge can be received for a crime with a sentence of less than 14 years

1. Absolute = when the discharge is effective immediately with no conditions attached

2. Conditional = when the accused can avoid a record of conviction by following a set of conditions laid out by the judge

Describe the two types of sentence (suspended + conditional)

Suspended sentence = court is delaying sentence while the accused is on probation

• Judge considers character, circumstances

• (Cannot be given when there is a mandatory minimum sentence required by the Criminal Code)

• *If offender meets certain conditions, the sentence may never be served

• Still have a record of conviction, could be placed on probation

Conditional sentence = judge passes sentence but allows the offender to serve the time in the community

• Judge must be satisfied that the offender will not endanger community

• Used if sentence is less than 2 years + no minimum sentence

• *Heavier than suspended sentence

describe Entrapment

when law enforcement agents induced or coerced a person into committing a crime they would not have otherwise committed

• Usually results in a dismissal of charges if proven

describe Double Jeopardy

principle that you cannot try someone for the same crime twice once they have been acquitted even if new evidence turns up

what are components of the Youth Criminal Justice Act? (who, objectives, pretrial detention, extrajudicial sanctions, probation, custody)

1. Who? Governs criminal matters regarding youth from 12 to 17 starting

2. Key objectives: rehabilitation of youth since they have underdeveloped prefrontal cortexes, environmental factors that shape them, and they are easier to rehabilitate

3. Pretrial detention: youth are rarely detained unless absolutely necessary bc youth is: flight risk or poses serious risk to public safety. Note: detention would not be removed from sentencing.

4. Extrajudicial sanctions: used when warning or caution is not enough but court is not necessary where a caseworker develops a plan (i.e. repaying victim for financial losses, community services, apology letters, etc.

5. Probation: most common youth sentenceing where they are allowed to remain in community (i.e. attending school or programming, following curfews, etc.)

6. Custody: last resort where youth criminal is placed in a facility

   1. Community supervision: final portion of custody sentencing hwere youth lives in comunity under supervision

   2. Conference: group of people meeting ot give advice as part of reintegration

how does Appeals work? (purpose, grounds, finality, what are motions, process)

1. Purpose: Not a re-trial; it is a review of whether the original trial was fair and if legal principles were applied correctly.

2. Grounds for Appeal: You must establish that there were errors of fact or law (directly to Divisional Court and Ontario Appealant Court) or that the original decision had wider negative implications (with leave of the court to Supreme Court) 

   1. Palpable and overriding error: very clear and impactful

   2. On the law: what is the law? What did the law intend to do? Considering the case law?  

3. Finality: If an appeal is lost, a new case with the same evidence and arguments is generally prohibited due to res judicata (Res judicata, Latin for "a matter judged," is a legal doctrine preventing parties from relitigating claims or issues that have already been finally decided by a competent court. It ensures the finality of judgments, conserves judicial resources, and protects litigants from multiple lawsuits regarding the same transaction or case)

4. On motions … 

   1. Interlocutory order: don’t determine/dispose the main issue but have an impact on it (which documents should be used) 

   2. Final determination: determines the main issue 

5. The Process

   1. Notice of Appeal: This first step requires filing a formal document stating what is being appealed (conviction, sentence, or both) and the specific "grounds of appeal".

   2. Perfecting the Appeal: The appellant must file all necessary documents and proof of service, often within 30 days of the notice, if no transcript of evidence is needed.

   3. Appellate Court Role: The court reviews the record, hears arguments regarding errors, and can confirm, vary, or set aside the original decision.

      1. Affirm decision 

      2. Overturn decision 

      3. Retry

why is Bail allowed? what documents are issued?

1. section 10 (c) states that all accused persons have the right to tell their story to a judge, which will decide if they should remain in custody

   1. habeas corpus: if ur detention is legal, you must be released

   2. reverse onus: for serious offences, it is up to the acused to prove to the court that they should be released from custody

2. documents

   1. undertaking: conditions issued by police

   2. recognizance: conditions issed by court

what are the different Criminal Courts and Criminal Appeal Courts?

• Provincial court: holds prelimary hearings and tries criminal summary conviction cases + judges appointed by prov gov

• Provincial superior court: court of first appeal from the provincial court + judges appointed by fed gov

• Provincial court of appeal: highest court of appeal in the province + judges appointed by fed gov

• Federal court: hears legal disputed with the federal government

• Supreme court of canada: final court of appeal + appointed by fed gov

What do Juries do? (charter, adv, and disadv)

1. Section 11 of charter of rights and freedom

2. advantage: educate public, diffferent perspectives, not rigid legal precedent, must be unanimous

3. disadvantage: biased, legal diffuculties, does not have to give reasons

4. safeguards: selection of jureis to avoid bias and instruction from trial judge on applying laws to the case

random facts about prison reform

random facts about wrongful convictions

mock trial and court procedures ???

charter and criminal cases ???

evidence ???