Law 12 - Chapter 7
Definitions
Colour of Right
having permission to use someone’s property, then converting it to your own use
Manslaughter
murder that wasn’t intended to kill
Infanticide
a new mother suffering from Postpartum Depression which results in her killing her newborn baby or infant, aged below 2
the mother can have a psychiatric testimony to prove she is suffering from mental health issues
Euthanization
Doctor Assisted Suicide which is now legal after a Supreme Court ruling in 2015
Types of homicide
Culpable = blamable/criminal homicide
Non-Culpable = subject won’t be held responsible for the crime (ex: self defence)
proven by autopsy, eyewitness testimony or physical evidence
Maximum Murder Penalties
Manslaughter = 6-14 years depending on the level of injury
1st Degree Murder = 25 years, no parole
2nd Degree Murder = 25 years & parole application after serving 2/3 of original sentence
Infanticide = 5 years
Levels of Assault
Assault (lowest)
Assault Causing Bodily Harm
Aggravated Assault (most serious)
Age of Consent
Overall = 16 years
Close in Age Exception = 14/15 can consent if the age gap is less than 5 years
Close in Age Exception = 12/13 can consent if the age gap is less than 2 years
Property Crimes
Arson
intention to start a fire causing property damage
motives can be revenge, insurance payout or attempted murder
Breaking & Entering
there are different sentences depending on the value of stolen goods
Fraud
scamming for gain
EX: Catfishing
Possession of Stolen Goods
Identity Theft
using someone’s personal identifying information, usually for financial gain
Other crimes
Firearms
Street Racing
can result in crashing into people or others’ property
Prostitution
consent must be given by both parties
the act of paying money makes it illegal
3 parties involved
John - person who pays for the prostitute
Prostitute - person performing acts for money
Survival sex trade worker; working on the streets
Massage parlours; work underground through small companies
Higher End Escorts - people working on their own
Pimp - forces women to work for them through physical abuse, drug addiction or threats
Obscenity
Words, images or actions which are offensive to public morality
EX: restrictions/labels on music with constant swearing
Terrorism
Unlawful use of force or violence to further political or social objectives
Criminal Harassment
Pursuit of repeated communication with an unwilling victim
Trafficking & Distribution
this is specifically selling drugs or medications which are prescribed to you
Abduction
kidnapping of a child from their custodial parent
Driving Offences
Criminal Code of Canada
Reckless driving
Vehicular Manslaughter
Driving under the influence
Motor Vehicle Act
Speeding
$138 -$483 fine
3 points on license
Taking red lights
2 categories of consequences based on driving offence
Criminal Code of Canada
Can face jail time
Motor Vehicle Act
Vehicle impounded
Pay fines
License suspended
Notes
Young offenders with a violent past can be tried as an adult offender
Your record isn’t cleared as a young offender until 1 year after your 18th birthday
Sexual assaults stay on your record permanently
The Crown must prove Actus Reus, Mens Rea, Premeditation & Culpability
Definitions
Colour of Right
having permission to use someone’s property, then converting it to your own use
Manslaughter
murder that wasn’t intended to kill
Infanticide
a new mother suffering from Postpartum Depression which results in her killing her newborn baby or infant, aged below 2
the mother can have a psychiatric testimony to prove she is suffering from mental health issues
Euthanization
Doctor Assisted Suicide which is now legal after a Supreme Court ruling in 2015
Types of homicide
Culpable = blamable/criminal homicide
Non-Culpable = subject won’t be held responsible for the crime (ex: self defence)
proven by autopsy, eyewitness testimony or physical evidence
Maximum Murder Penalties
Manslaughter = 6-14 years depending on the level of injury
1st Degree Murder = 25 years, no parole
2nd Degree Murder = 25 years & parole application after serving 2/3 of original sentence
Infanticide = 5 years
Levels of Assault
Assault (lowest)
Assault Causing Bodily Harm
Aggravated Assault (most serious)
Age of Consent
Overall = 16 years
Close in Age Exception = 14/15 can consent if the age gap is less than 5 years
Close in Age Exception = 12/13 can consent if the age gap is less than 2 years
Property Crimes
Arson
intention to start a fire causing property damage
motives can be revenge, insurance payout or attempted murder
Breaking & Entering
there are different sentences depending on the value of stolen goods
Fraud
scamming for gain
EX: Catfishing
Possession of Stolen Goods
Identity Theft
using someone’s personal identifying information, usually for financial gain
Other crimes
Firearms
Street Racing
can result in crashing into people or others’ property
Prostitution
consent must be given by both parties
the act of paying money makes it illegal
3 parties involved
John - person who pays for the prostitute
Prostitute - person performing acts for money
Survival sex trade worker; working on the streets
Massage parlours; work underground through small companies
Higher End Escorts - people working on their own
Pimp - forces women to work for them through physical abuse, drug addiction or threats
Obscenity
Words, images or actions which are offensive to public morality
EX: restrictions/labels on music with constant swearing
Terrorism
Unlawful use of force or violence to further political or social objectives
Criminal Harassment
Pursuit of repeated communication with an unwilling victim
Trafficking & Distribution
this is specifically selling drugs or medications which are prescribed to you
Abduction
kidnapping of a child from their custodial parent
Driving Offences
Criminal Code of Canada
Reckless driving
Vehicular Manslaughter
Driving under the influence
Motor Vehicle Act
Speeding
$138 -$483 fine
3 points on license
Taking red lights
2 categories of consequences based on driving offence
Criminal Code of Canada
Can face jail time
Motor Vehicle Act
Vehicle impounded
Pay fines
License suspended
Notes
Young offenders with a violent past can be tried as an adult offender
Your record isn’t cleared as a young offender until 1 year after your 18th birthday
Sexual assaults stay on your record permanently
The Crown must prove Actus Reus, Mens Rea, Premeditation & Culpability