5.2 Basic Principals

Criminal Law Basics

Key Principles of Criminal Law

  • Elements of an offence

  • Burden and standard of proof

  • Defences

  • Sentencing Overview

Elements of an Offence

Actus Reus (The Physical Act)

  • Definition: The act or conduct that comprises a physical part of a crime. It is a requirement for liability in criminal law.

  • Voluntariness: The requirement that the actus reus must be voluntary and not a product of involuntary action.

    • Types of Actions:

    • Acts: Actions taken by individuals.

    • Omissions: Failures to act when there is a duty to do so.

  • Non-consent: A key factor in various crimes wherein the absence of consent makes an act unlawful.

  • Causation: Refers to the necessity of proving that the accused's actions caused the harm or result that constitutes the offence.

Mens Rea (The Mental State)

  • Definition: The mental state of the accused at the time of the offence, often referred to as the 'guilty mind'.

  • Types of Fault:

    • Subjective fault: Refers to the specific intent or knowledge the offender had regarding the act they committed.

    • Objective fault: Concerned with what a reasonable person would have understood in the same circumstances.

Burden and Standard of Proof

  • The burden of proof lies with the prosecution. It must establish the guilt of the accused beyond a reasonable doubt.

  • The different standards of proof:

    • Certainty (no): Relates to the absence of doubt.

    • Balance of probabilities: Applicable in civil cases.

    • Certainty (yes): The threshold for criminal conviction, requiring proof beyond a reasonable doubt.

Homicide and Legal Principles

Presumption of Malice

  • Homicide is presumed to be malicious unless the accused can demonstrate a lesser form of homicide.

  • Key legal precedent:

    • Woolmington v DPP, [1935] UKHL 1: Established the principle that the prosecution has the duty to prove the guilt of the accused.

Rights of the Accused

  • Each person charged with an offence has the right:

    • To be presumed innocent until proven guilty according to law.

    • To a fair and public hearing by an independent and impartial tribunal. (Referencing Charter, s 11(d))

Defences to Offences

  • Mistake of Fact: A defence claim stating that an accused was mistaken about a factual circumstance that negates mens rea.

  • Intoxication: Can serve as a defence under certain conditions, depending on the jurisdiction and circumstances of the crime.

"True" Defences

  • Self-defence: Legal defence used when the accused claims to have acted in self-protection against an imminent threat.

  • Duress: A defence that argues the accused was forced to commit an act under threats of violence.

  • Provocation: Used to argue that the accused acted in response to a provocation that could cause a reasonable person to lose self-control.

Sentencing Overview

  • Sentencing purposes include:

    • Denunciation: Expressing societal condemnation of the act.

    • Deterrence: Aimed at discouraging further crimes, either to the offender or society at large.

    • Incapacitation: Preventing future crimes by limiting the offender’s ability to commit further offences.

    • Rehabilitation: Aiming to reform the offender into a law-abiding citizen.

    • Reparation: compensating the victim or society for the harm caused by the offence.

  • Principle of Restraint: Implied consideration during sentencing pertaining to Indigenous offenders and related principles.

  • Aggravating and Mitigating Factors: Factors that can influence the severity or leniency of the sentence, respectively.

  • Statutory Reference:

    • Section 718.1 of the Criminal Code states: "A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender."