Test 2- CJ- chap 7

Terms

• Code of Hammurabi → eye for an eye mentality - based on social class →. Torturous punishments

  
  

• Quasi Crim Law → Law that creates offences and penalties but isn't enacted under federal criminal law → provincial / territorial regulations (nor apart of traditional criminal code)

• Regulatory offences → regular actives that have laws/rules → fishing, driving, gambling, drinking

• Zombie laws → laws that remain in the criminal code but are no longer active

• Necessity (common law defence ) → your life was at risk (all or nothing) → ex: plane crash and survivors start eating bodies bc they need food

• Duress ( Common law defence) → being pressured to do smt illegal → ex: armed robbery @ bank bc man who kidnapped your kid told you to

• Stare decisis → to stand by things decided → courts follow / respect decisions made by higher courts → R V J. A.

• Rule of law → no one is above law

Historically dealing w crimes

Crime was a conflict between private citizens → dealt w through private prosecutions ( brought by private citizen not public official)

• Code of Hammurabi → based on social class

• Torturous punishments → ordeal (seeking an answer about accused guilt or innocence)

• Laws are now a public offence against the state → Canadian crim law relies on Great Britain

  • 1892: Canadian crim law codified w criminal code

  • Codified- written record

Common law / case law

Case law → judge made laws

• Law developed by judges rather than legislative enactments.

• Setting a precedent for what other judges must follow

• If there is a question about how a case should be dealt W, it sometimes makes it to the Supreme Court

• Necessity & Duress → common law defences

Case law example → R v J.A.

Criminal Law

• Everything criminal falls under federal gov

• Criminal offence = public evil (harms everyone)

To fall under federal crim law it must have

1. A prohibition (not allowed)

2. A penalty

3. Criminal purpose → public evil

Omissions

Sec 215 in cc

• The failure to act

  • Not doing anything is an act - if legally required to act (ex: not feeding your baby )

Actus Reus

Act that has been done → guilty act, omissions, causation

3 parts:

1. Prohibited (Voluntary) conduct

2. that occurs in certain circumstances

3. resulting in harmful consequences

Mens rea

Guilty mind → was it intentional?

• Subjective Mens rea:

  • What did the accused intend to do?

  • Intention

  • Knowledge → accused knew / aware of certain circumstances at time of offence

  • Recklessness → accused was aware of the risks but chose to proceed anyways

  • Wilful blindness → pretend you don't know the risks/problem

  • Mental states

• objective:

  • criminally responsible for acting in a negligent way → not what a reasonable person would've done in the same circumstance

Components of AR and MR

• conduct → what is the offence?

• Circumstances → what happened?

• decision → guilty?

Sometimes only act is needed → absolute & strict liability

Liability

• Absolute → speeding, failure to stop at stop sign

• Strict → failure to stop at the scene of an accident

  • Room for offender to explain why they did → accident could have been an emergency situation

Parties to an offence

Sec 21

• Everyone is a party to a offence who:

  • actually commits it

  • Does or omits (fails to do smt) to do anything for the purpose of aiding any person to commit it

  • Encourages person in commiting it

Defences missing actus reus

• automatism → brain not functioning properly - brain and body not connected:

  • Normal condition automatism → sleep walking, seizures

  • External blow → brain damage (concussion)

  • Involuntary intoxication → someone drugged you

  • Self induced intoxication → got yourself drunk

  • Mental disorder → mental health issues

* first three only ones that you would not be convicted

• Mistake offence → mistake of law and mistake of fact

  • 19yr slept w minor but she was in club so how would he of known

• Consent → only be given when conscious

Defences missing men's rea

• NCRMD → not criminally responsible due to mental disorder

• Intoxication → can be used for defense in rare occasions

  • specific intent → murder, Break and enter

  • General intent → assault