Transcript Introduction to Criminal Law

Law 12
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Offenses against “society”
 In other words, acts that society considers
immoral because they threaten the
safety/security/well-being of society
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Purpose of criminal justice system:
 to protect society and maintain order
 to deter people from committing crimes
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Priorities of criminal justice system:
 Prevention, rehabilitation and penalties
 does not focus on compensating victims
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The Criminal Code, a statute law created by
the federal parliament
Also the Controlled Drugs and Substances Act
and Youth Criminal Justice Act
The contents of these 3 statutes can be
changed when
 the public supports change
 new issues arise (technology: cyber bullying)
 or lobbyists/interest groups successfully force a
debate
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According to the Law Commission of Canada,
an act can be subject to criminal penalties if it
satisfies the following:
 The act harms other people
 The act violates the basic values of society
 The harm caused by the act must be “serious”
 Making that act a criminal act would help society
deal with the issue
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Federal government has jurisdiction over criminal law
(BNA Section 91)
Why?
 fairness – same treatment whether a crime occurs in B.C. or
Quebec
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Role of the Provinces
 laws passed by provinces/municipalities aren’t technically
criminal law
 called “quasi-criminal” or “bylaw infractions” because they
are similar to criminal law but aren’t technically crimes
 violation usually leads to fines
▪ E.g. speeding, dumping, parking…
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Role of the Courts
 interpret criminal law and apply it to individual
cases
 make sure laws don’t infringe upon Charter rights
 decisions made by judges set precedent (are
followed by other judges)
▪ precedents are often cited as reason for changes to the
Criminal Code
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Summary Conviction Offenses:
 minor criminal offenses
 no right to a jury
 maximum penalty: 6 months of imprisonment, a fine of
$2000 or both unless another punishment is specified by law
 accused must be charged within 6 months of the act
occurring
 eligible for pardon after 3 years
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Examples: injuring or endangering animals, disturbing
the peace, indecent act, loitering, motor vehicle theft,
ect…
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Indictable Offenses:
 serious crimes with more severe penalties
 maximum penalties set by the Criminal Code, up to
life imprisonment
▪ life imprisonment in Canada: up to 25 years until parole
hearing
 some have a minimum penalty
▪ E.g.) impaired driving: minimum fine of $600 to 5 years in
jail for repeat offenses
 trial judge determines the actual penalty
 generally no time limit on when charges can be laid
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Indictable Offenses Cont’d
 police require a warrant, signed by a judge, to arrest
 eligible for pardon after 5 years
Examples: arson, break and enter (dwelling),
kidnapping, murder, aggravated or sexual assault,
bribery, perjury, fraud…
 Hybrid Offenses:
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 crown attorney (prosecutor) can choose to proceed
summarily or by indictment
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Examples: break and enter (non-dwelling), failing to
appear in court, harassment, pointing a firearm,
obstructing/resisting arrest…
2 elements we must first consider
Charter Section 11(d):“innocent until proven
guilty”
 burden of proof: guilt must be proven “beyond a
reasonable doubt”
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 So, how do we establish what is “beyond a reasonable
doubt”?
 We look for 2 key elements to determine what is
“beyond a reasonable doubt” as well as the severity of
the crime.
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#1: Actus Reus: (act-ous ray-ous)
 from Latin meaning a “wrongful deed” (action)
 “wrongful deed” is described by the Criminal Code
 E.g.) breaking and entering – must break into residence and
enter it
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#2: Mens Rea (mens ray-a)
 from Latin meaning a “guilty mind”
 exists if an offense is committed with intent,
knowledge, or recklessness
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intent: deliberately committing a crime
 You are angry at someone. You pick up a gun and shoot
that person.
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knowledge: some crimes don’t require intent, only
knowledge that your actions could end in a crime
 You know that the gun you were handed is stolen. You
choose to keep the gun despite knowing that it is stolen.
It was not your intention to commit a crime, but you did.
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recklessness: careless disregard for the
outcome of your actions
 You know the potential result of playing with a
loaded gun, but decide to do so anyway. You
accidentally shoot and kill your friend.
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How do we establish what is “reckless”
 If a reasonable persons knows that the action
could cause harm, the court will label the action as
reckless
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The reason for committing a crime
However, having a motive does not
necessarily establish guilt
 I tell my boss I am struggling financially and am
not able to pay my bills this month. The boss later
notices that money has been stolen from the
register. I have motive, but that does prove that I
committed the crime
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the intent to commit a crime exists but the
act is not completed
example: someone gets a gun with the intent
to shoot another person. Before they can do
so, they are caught by the police.
In this example, Mens Rea is present, but
Actus Reus is only half complete.
The attempt to complete the Actus Reus is
enough to get you charged.
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an agreement or plan between two or more
people to commit a crime or an illegal act
the parties do not have to carry out their plan
or commit the crime
Again, Mens Rea is present, but Actus Reus is
not
all parties must be serious in their intent to
commit the crime
 jokes/threats are not considered conspiracy
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aiding: to help someone commit a crime
abetting: to encourage someone to commit
a crime
to lay a charge of aiding or abetting, it must
be proven that
 the accused had knowledge of the other person’s
intent to commit the offense
 the accused helped in or encouraged the
commission of the offense
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someone who helps a criminal escape
detention/capture
includes providing food, clothes, shelter
To be found guilty require knowledge of the
criminal act
 This charge cannot be applied to spouses for
safety reasons