Untitled Flashcards Set

The Criminal Code

→ body of public law that defines crimes & prescribes punishments

Criminal offence

→ action, omission, or state of being that is considered a crime (defined in Criminal Code or other Criminal statute)

Conditions to be considered a crime (4)

1. actions/behaviours must be considered immoral by most

2. actions must cause harm to society & any individual victims

3. Harm caused by person’s actions are serious

4. Person must be punished by CJS

Immoral behaviour

→ Crim. Code reflects actions the govt & often the majority of Canadians consider immoral behaviour

→ Not all things listed within the Crim. Code are agreed to be immoral

→ Our values & morals may change over time; so should our laws

Criminalize

→ to make a behaviour a criminal offence in the Crim. Code / other Crim. statute

Decriminalize

→ to make a behaviour that was illegal not punishable by crime

Legalize

→ to make an act completely legal by removing it from the Crim. Code / other Crim. statute it was found

Criminal Law

→ enacted (made into law) by a democratically elected Federal Parliament

Amendments

→ changes

→ Can be made by Federal Parliament

Courts

→ play an important role

→ interpreters of law

Criminal Offences (Canada)

1. Summary Conviction Offences

→ minor Crim. offences w/ less severe punishments

→ usually tried immediately after charge is laid

→ max penalty is $2000 or 6 months in jail

→ 6 month limitation period for laying a charge

↳ statute of limitations (no longer able to be charged if gotten away and 6 months passed)

2. Indictable Offences

→ serious crimes that carry more severe punishments

→ Proceeding by a formal court document called an “indictment”

→ Crim. Code sets max penalties for each offence

→ NO statute of limitations

→ Serious offences: accused may choose by judge or jury

3. Hybrid Offences

→ most offences defined in Crim. Code

→ end up as Summary Conviction or Indictable charges dependent upon the Crown Prosecutor

→ max penalties vary: 2-10 years

Elements of Crim. Offence

→ Crown prosecutor is responsible for proving 2 elements of an offence

1. Actus Reus

→ voluntary Crim. act

↳ “wrongful deed”

2. Mens Rea

→ internal act or criminal intention

↳ “guilty mind”

Crim. Code Incidents

→ Property: 50%+

→ Violent Crime: 13%

→ Other:

↳ most crimes not violent

Dark Figure of Crime

→ Only crimes we know about got reported

→ Actual crime rates are higher

Violent Crimes

→ harm human body in some way

→ most crimes committed are not violent in nature

→ EX) homicide, assault, sexual offences, abduction, robbery

Homicide

• 1st Degree

→ planned & intentional killing

→ killing of an officer (even if not planned/intended)

• 2nd Degree

→ deliberate killing w/o planning

• Manslaughter

→ unintentional killing

→ Could have intended to cause harm, but NOT for death to happen

→ Can lead to no prison, or even life in prison

Assault (3)

1. assault

2. assault causing bodily harm (or w/ weapon)

3. aggravated assault

Sexual Assault

→ rewritten in 1980’s to address violent nature of offence

→ 3 levels

• Actus Reus

→ Sexual touching to which victim did not give consent

• Mens Rea

→ Knowledge the victim gave no consent, recklessness, or willful blindness