Notes on Crime and Criminal Law

Defining Crime and Criminal Offences

  • Definition: A crime is an act or omission that is prohibited and punishable by federal statute.
  • Omission: Some crimes are defined by a failure to act.
  • Four Conditions for Crime:
  • Act is socially considered wrong.
  • Causes harm to society or vulnerable individuals.
  • Harm must be serious.
  • Remedy is handled by the criminal justice system.

Criminal Law

  • A crime is against society, not just the victim.
  • The government is responsible for investigating crimes.
  • Purposes of Criminal Law:
  • Protect people and property.
  • Maintain order.
  • Preserve public decency standards.

The Criminal Code

  • Federal statute containing most criminal laws in Canada.
  • Contents:
  • List of offences, sentences, and trial procedures.
  • Reflects majority social values.
  • Governed by Section 92(7) of the Constitution Act, 1867.
  • Established in July 1892.

Provincial Jurisdiction

  • Provinces can pass laws on certain matters (e.g., traffic, liquor).
  • Laws passed are quasi-criminal and address less serious offences.
  • Punishments often involve fines; jail is possible in some cases.

The Elements of a Crime

  • Conviction Requirements:
  • Actus Reus: The guilty act or omission.
  • Mens Rea: Intention to commit the act.

Intent

  • General Intent: Desire to commit a wrongful act without ulterior purpose.
  • Specific Intent: Desire for one wrongful act to accomplish another.
  • Intent differs from motive (reason for committing a crime).

Knowledge, Criminal Negligence, Recklessness, Wilful Blindness

  • Criminal Negligence: Reckless disregard for safety.
  • Recklessness: Taking unjustified risks.
  • Wilful Blindness: Ignoring potential consequences intentionally.

Strict and Absolute Liability

  • Strict Liability: Offences without mens rea, with a due diligence defense option.
  • Absolute Liability: Offences without mens rea and no defense available.

Involvement in a Crime

  • Perpetrator: The one who commits the crime.
  • Co-perpetrators: Multiple individuals involved directly in the crime.
  • Parties to an Offence: Indirectly involved individuals.
  • Aiding: Helping the perpetrator.
  • Abetting: Encouraging the perpetrator.
  • Counselling: Advising to commit an offence.

Additional Involvement Types

  • Accessory After the Fact: Assisting a perpetrator post-crime.
  • Party to Common Intention: Shared responsibility for additional offences committed.
  • Attempt: Intention to commit a crime with steps taken toward it.
  • Conspiracy: Agreement between two or more to commit an illegal act.