Chapter 6 – Intro to Criminal Law Class Notes

7/26/2019 Chapter 6 Intro to Criminal Law Class Notes

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Law 12 Unit


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Introduction

In the broadest terms, Crimeis defined as an action or the

omission of an action, that is prohibited by law.

There are four conditions that must be met when determiningwhether something is a

crime or not. These arethe defining activities.

1. The action must be

considered wrong bysociety


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Introduction

In the broadest terms, Crimeis defined as an action or the

omission of an action, that is prohibited by law.

There are four conditions that must be met when determiningwhether something is a

crime or not. These arethe defining activities.

1. The action must be

considered wrong bysociety


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Introduction2. It must cause harm to society in

general, or to those in need ofprotection.

3. The harm must be serious both innature and degree.

4. The action must be best dealt withthrough the criminal justice system,in order to ensure that the accused

person is discouraged fromcommitting similar offences infuture, and other citizens arediscouraged from committingsimilar offences.


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Introduction

The definition of crime varies from culture to culture. What

some may perceive as a wrong or omission, we may not.

Things seen as a crime in the past may not be seen as a crime inthe future.

For example, it was oncea criminal offence toattempt suicide in

Canada. Currently thatis no longer the case,though assisting insuicide for another is

criminal.


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Introduction

In every society, no matter

what their parameters,criminal activity is seen asbeing antisocial, immoral,and a violation of the

majority groups standard ofconduct.

There are a few actions that are

considered criminal in allsocieties throughout history.

What might those be? .


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Introduction

Historians and Anthropologists

have discovered that everyancient and modern civilizationhas the following two things asutterly taboo and criminal:

TreasonThe betrayal or disloyalty toones society.

Incest

The sexual relations betweensiblings or between parents and

children.


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Introduction

However, despite the agreement on

these two crimes, societies donot always agree on how best toinvestigate and punish thosecrimes.

For example, in Canada, murder isa crime... But the courts mustconsider many factors in

determining whether theaccused is guilty of the offense ornot. Key questions need to beanswered....And some of thoseare....?.


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Introduction

1.What was the intent of the

person who did the killing? Ifit was accidental and withoutintent then is it really murder?

2. If it was with intent, was it fora good reason? Ie: An abused

wife kills her husband in self-defence. The person accused

may have had no choice but touse violence in the preservationof his/her own life... Or the lifeof loved ones.


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Introduction

1.What was the intent of the

person who did the killing? Ifit was accidental and withoutintent then is it really murder?

2. If it was with intent, was it fora good reason? Ie: An abused

wife kills her husband in self-defence. The person accused

may have had no choice but touse violence in the preservationof his/her own life... Or the lifeof loved ones.


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Introduction

In other words, the accused

persons guilt cannot bedetermined solely based on thefact that the action happened.

The courts task is to look at all thefacts and situational evidencearound the event and determine

whether the killing was actuallya crime or not.

Similar problems center aroundthe issue of punishment...


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Introduction

A simplistic method of deciding on

an appropriate penalty would beto kill the person who tookanothers life... or perhaps tohave the death penalty for all

crimes, regardless of severity.(Star Trek: Next Generation)

Since Old Testament times, theterm Eye of an Eye and Tooth

for a Tooth has been suggestedas the best way to deliver justice.

However, scholars now believe the

phrase is misunderstood...


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Introduction

Rather than encouraging a society to offer

violence in retribution for a crime, theintent was merely to encourage society todesign a punishment that was equal to thecrime.

For example, in ancient society a man whostole from another man would not bekilled, but would perhaps be fined, be

forced to make restitution...or perhaps have his hand choppedoff. (Middle East).


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Introduction

Most Canadians agree that

punishment should fit crime,but peoples expectations on

what is a just punishment iswidely varied.

Developing a system of justicethat satisfies everyone anddoes everything society wants

it to is extremely difficult... Ifnot outright impossible. Butlike every institution, the legalsystem must evolve along withpeoples views on justice.

What is a measured response?

What justice is fair, fits thecrime, and serves as an

effective deterrent?


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Quick Case Study

R. v. Coyne(1994)...

Donald George Coyne, 42, was paid $5500.00 to arrange for afire in the Calgary Hotel in July 1993.

A witness testified that Coyne paid two men from the hotel toset the fire. He drove the men to the hotel tavern, suppliedthe gasoline and matches, and

waited for them to be finished.

In the fire, which destroyed thehotel, a veteran fire fighter

perished as he searched forvictims inside.

Coyne was arrested and wentto trial.


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Quick Case Study

1. Examine each of the four conditions that must exist for the

action to be considered a crime. Apply them by answeringthe following:

a.Would most people in our society consider setting the fireas a wrongful act?

b.Did the arson cause harm to a person? To Canadiansociety?

c.Was the act seriously harmful? (Why/Why Not?)d.Were Coynes actions best dealt with through the criminal

system to discourage him and others from doing this?Would this stop other people from doing it?e.Whats an appropriate punishment for Coyne?

Actual Sentence Given Follows...


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Quick Case Study

The courts charged Coyne with Manslaughter, saying that theintent was not to cause harm to another human being, andthe death was not deliberate.

The maximum penalty for Manslaughter is life in prison.Coyne was sentenced to 8 years in jail.

Do you feel that was a just sentence?


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Criminal Law in Canada

Criminal law = a set of rules to prohibit and punish acts

that injure individuals and society as a whole.

Criminal acts can be divided into three main sections:

1. The protection of people

2. The protection of society

3. The protection ofthe moral norms ofsociety.


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To protect people, the government

makes laws to make certainactions against others a crime...Ie: assault, rape, and murder.

Property is very important (and allold law was based on it) and sorelated laws include protectionfrom trespassing and theft.

We also use law to protect societyagainst laws that are consideredimmoral or wrong... But whatsthe problem there? .


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Problem:

Society no longer agrees on what is immoral or wrong, andthat also changes from decade to decade.

Soliciting for Prostitution, Illegal gambling, use of

restricted drugs, and distribution of pornography areexamples of things manypeople consider immoral.

Which ones arecriminal offences? .
http://www.beaumontenterprise.com/news/local/27258279.html


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Prostitution is illegal in Canada...

Though you can run a massageparlour (which offers sex also). Itsalso legal in a number of states,through brothels (and in Ont 10).

Banned drug use is illegal... Unlessyou have a permit for medicinaluse.

Illegal gambling is a crime, thoughits parameters are hazy.

Pornography is not illegal unless itinvolves minors... or violence.


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Tahani, who married her husband Majed when she was 6 years old and he was

25 years old, poses for a portrait with her former classmate Ghada, also a child

bride outside their mountain home in Hajjah, Yemen, June 10, 2010. Nearly half

of all women in Yemen were married as children.


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By the Constitution Act of 1867, the

right to create criminal law wasgiven to the federal government.The main body of federal criminallaw is contained in the CriminalCode of Canada.

Other criminal legislation is alsocreated by the federal govt. Forexample, the Narcotics Act was

written to regulate the

distribution and use of narcotics.

Whats the advantage of having thefederal government create thecriminal laws? .


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The advantage is that the law is the same from Vancouver to

St. Johns.A crime in BC is also a crime in the Yukon. Itmakes tracking, capturing, and punishing criminals easier.

In the United States, every statehas its own code of criminal lawand its own police force.Escaping capture in one statecan be as easy as crossing toanother (where the offense

may not be illegal). Jurisdictiondoesnt extend to another state.


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Because of this problem, several close states created a regional

system of law enforcement that shares databases and criminalrecords.

For larger areas, the FBI holds jurisdiction, and can work in allstates across the country.

In Canada the provinces do have the ability to make some oftheir own laws(ie: traffic laws), butthe penalty for aprovincial law

violation usuallyhas the maximumpenalty of 2 yearsin jail.


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Criminal Law vs. Civil Law

Civil Law and Criminal Law are not the same.

Civil law refers to laws that govern private relationshipsbetween individuals, for example, members of a family orparties in a contract.

This is different fromcriminal law, which seeksto protect society, ratherthan solve personal disputes.


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Criminal acts affect the general publics safety, so the

government investigates and prosecutes those acts.The government also punishes those who are guilty.

If there is a financial penalty to the crime, the money paidgoes to the government, rather than to an individual (as

in civil law cases).In some cases, a victim can

pursue compensation aftera criminal trial through

civil court(ie: O.J. Simpson).


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A criminal trial places the

responsibility for provingtheguilt of the accused solely on thecrown, which prosecutes theaccused.

A lawyer for the crown is known asthe Crown Prosecutor.

A Crown Attorney, or CrownCounsel, represents thegovernments interest ininvestigating and punishing thecrime and protecting publicpeace. The government pays thefees of the Crown Prosecutor.


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Since one of the foundations of our

legal system is the belief that aperson is innocent until provenguilty,the onus falls on theprosecutor to prove the accusedsguilt... Rather than the accusedneeding to prove their innocence.

The accuseds offense needs to beproven beyond a reasonabledoubt. Reasonable doubt may

occur when there is anotherprobable explanation for theaccuseds involvement in thecrime.

Caught on camera, in the act of

the crime... not a lot of

reasonable doubt possible.


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If the defense can provide

reasonable doubt, the accused isgiven the benefit of the doubtandacquitted or found not guilty.

The charges are then dismissed.

If the prosecutor has evidence thathelps the accused, they arerequired to bring that forward as

well. Their role is not to win the

case, but bring out all evidenceand let it speak for itself.

A prosecutor that withholdsevidence commits a criminal

offense.


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The government has two conflicting

roles in the criminal justicesystem. On the one hand, it needsto protect its citizens and theinterests of society. This done

with a police force being grantedthe authority to investigatecriminal activities, arrest anddetain suspects, and generallypursue the goal of ensuring a safe

society.Similarly, the Crown is given the

authority to prosecute thearrested person by bringing all

evidence forward in trial.


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On the other hand....

The government has thelegal duty to protect therights of the accused.

The balance between thesetwo roles causes muchdebate in society, and canlead to some very hard

decisions for judges.Frustrations over this can

lead to citizen action,ranging from protests to

vigilante justice.


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Case Study

R. v. Askov, [1990] 2 S.C.R. 1199

The accused (Askov, Melo, Hussey, and Gugliotta) werecharged with a number of serious offences, either togetheror alone, involving extortion, threatening with and using aprohibited weapon, assault, and criminal negligence in theoperation of a motor vehicle.

Askov waited a long time tobe tried, due to requestsmade by the Crown. When

his day in court came, nearlythree years after he wascharged...


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Case Study

R. v. Askov, [1990] 2 S.C.R. 1199

...he applied to the court to prohibit the Crown fromproceeding against him, arguing that there had been a longand unreasonable delay. He believed that his right to betried in a reasonable time (section 11(b)of the Charter), had been denied.

The Court agreed that Askov hadsuffered a long and unreasonabledelay.

Even so, the Crown was allowed toproceed and argue that he had notsuffered prejudice, which wouldallow the trial to go ahead.


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Case Study

R. v. Askov, [1990] 2 S.C.R. 1199

Ultimately, the judge agreed with Askov that his Charter ofRights had been violated, and the case was dismissed.

Following that, some 50,000 cases were thrown out of courton the basis of unreasonable delays. Many seriousoffences were not tried, and charges against the accusedpeople were dropped.

The pressure on theprosecution wasenormous.Prepare a solid case...and do it fast.


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Case Study

R. v. Askov, [1990] 2 S.C.R. 1199

Later the Supreme Court of Canada ruled on two other casesthat balanced this swing.

In R. v. Sharma (1992) and R. v. Morin (1992), the Courtreviewed the elapsed time before a trial commenced andprovided a guideline for assessing whether an accusedsrights had been infringed.


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Case StudyThe Court held that the general

approach to determiningunreasonable is not byapplying a mathematical oradministrative rule. Instead,the decision is left to the

judge to balance the charterand the right to a trial withina reasonable amount of timeand other legitimate factors

that may cause a delay... Suchas the gathering of evidence,interviewing of witnesses,etc.

Sort of like this... But in a legal sense.

Fall off, and there are problems


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Under Civil Law, the most common punishment given to a

person who has lost a civil action is to pay an amount ofmoney to the person who suffered loss or harm.

The plaintiff files a complaint in court against the defendantby suing him or her. If the plaintiff wins the case, the

defendant has to pay damages as ordered by the judge.

Decisions are made differentlyhere than in criminal cases.

Judges reach a decision basedon whatprobablyhappened.


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Then, the judge determines whether loss or harm was suffered

and if so, by whom?

If loss or harm is suffered, the judge has to determine who isresponsible for it... And it may not be either of the people

involved in the case.

Finally, the judge must consideredthe sort of compensation thatis appropriate in the case.


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Short Research Assignment...

1. How do punishments for various crimes vary from country

to country? Pick a crime (stealing, murder, rape, etc) andlook at a) Canadas common punishment for it. Then findthe punishment given inb) A major European countryc) a South American Countryd) Communist Chinae) Islamic Iranf) and Medieval Europe (500-1500 AD).

2. How has the concept and application of justice changed inCanada over its history? Pick two examples of laws or codesthat have changed, and discuss what change was made,

when, and why.

Do these two individually.

h f


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The Causes of Crime

There are currently about 40,000

criminal offences in the federaland provincial laws of Canada.People in the country areaccountable if they break any ofthem.

Ignorance of the law is not anexcuse. Just because you didntknow it was a crime, doesnt mean

you have the right to do it.

For these laws to be effective, thepublic needs to be aware that theyserve the best interests of society,and that they should be kept.

h f


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The Causes of Crime

If the members of society recognize

this basic principle, then who is itthat breaks the law, and whatcompels them to do so?

For many, there is a false perceptionthat some groups are more likelyto be criminals than others.

- The Poor

- Minority Groups- Youth

These people may be seen ascriminals just because they

belong to a demographic group.

h f i


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The Causes of Crime

There is no single profile that

describes the people who performa criminal act. However, there aresome interesting statistics:

Most of the population in todayspenitentiary are..... (See what youthink)

AGE RANGE: .YoungThe most common age for maleand female inmates is between

20 and 34 years of age.

Th C f C i


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The Causes of Crime

GENDER: .

MARITAL STATUS: .

Male95 percent of the penitentiarypopulation is male. Womenmake up just 5 percent of the

population, though that ratiohas been creeping up since the1960s (when it was about 2%).

UnmarriedAlmost 60 percent of theprison population isunmarried.

Th C f C i


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The Causes of Crime

RACE / ETHNIC ORIGIN: .

FIRST TIME / MULTIPLE / REPEAT OFFENDERS: .

Caucasian80 percent of the male inmate population is Caucasian, andamong women inmates its 70 percent.

First TimersMost inmates areserving their firstoffense.

Th C f C i


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The Causes of Crime

CRIME / SENTENCE (Severity / Type): ..

Minor OffencesMost inmates are serving

with a sentence of under 6years, and for a crimeinvolving some sort of theft.

Are these statistics what you expected?

If not... Where did our incorrect perceptions

come from?

Th C f C i


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The Causes of Crime

There is no single set of conditions that

can be linked to all criminal behaviour.Several factors can be linked to crime,

including (but not limited to):

- alcohol and drug abuse- poverty

- violence at home

- mental and emotional

disturbance....- lack of education

- association withknown criminals

Th C f C i S b t


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The Causes of Crime - Substances

Alcohol and Drugs have been

shown to inhibit normaldecision-making faculties.Chronic users may lose theability to reason properly, andoften react to situations inunexpected and unreasonable

ways.

When a person becomes addicted,

they lose interest in other aspects of life, and serving theaddiction becomes their main focus. Drug usage is connectedto unplanned crimes that are often violent... Includingdomestic crime and young offenders crime.

Th C f C i H


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The Causes of Crime - Home

Poverty and Abuse at home can

result in long-term mental andemotional disturbances. Theperson may become emotionallydistant, unconcerned about their

welfare, or the welfare of others.This can lead to violent orrepeated crimes.

There is no constant correlationbetween poverty/violence and

crime, as not all abused kidsbecome criminals, and manycriminals had a great home life...However, there is a strong

connection between the two.

Th C f C i Ed ti


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The Causes of Crime - Education

Many Canadian criminals have little education. The limits this

places on people can lead to extreme frustration. Those whocannot verbally communicate anger may chose to expressthat violently.

There is often frustration at not

being able to get interesting orwell-paid jobs.

Youth criminals often have low readingand writing abilities, and haveattention-deficit disorders. These

youth tend to be difficult studentsin a structured and academic setting,and respond negatively to criticismthey receive.

Th C f C i C i i l


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The Causes of Crime - Criminals

Associating with criminals greatly increases the likelihood of a

person turning to crime themselves. If the criminal isrespected, the person may adoptthose standards for societal living,rather than the ones taught bythe rest of society.

Most people obey most of the laws,most of the time. To prevent peoplefrom falling into patterns of criminalbehaviour, governments create

penalties for laws that (supposedly)deter people from doing the crime.Education and access to food andemotional support also prevent

crime.

Film Bowling for Columbine


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Film

Bowling for Columbine

& Research Essay

How does the film portraycriminal culture in theUSA, and how does itcompare itself to Canada?

Is it an accurate portrayalof both countries? Whattype of criminal isportrayed here, and in

American media(according to the film)?

Are the gun laws in theUSA causing their farhigher levels of violent

crime?

El t f C i


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Elements of a Crime

There are two important elements in nearly every

criminal offence. The recognition of these two is soold, that they are referred to today by their Latinnames, indicating they were used already in Romancriminal law.

Actus Reus refers to a wrongful action by whichcrimes are committed.Our federal legislaturerecognizes the actus reus

of a crime by writing a lawto limit it.

El t f C i


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Elements of a Crime

Mens Rea is the criminal intent of the

person performing the wrongful act.

This means that the individual musthave had a guilty mind at the time of

the action. Usually bothaspectsneed to be in place for a crime to becommitted.

The person must have intended

to act criminally at the time of

the act itself.

Elements of a Crime


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Elements of a Crime

Most criminal actions involve an action that creates a harm or

loss to someone else. For example, in section 268(1) of thecriminal code:

268 (1). Every one who commits an aggravated assaultwho wounds, maims, disfigures, or endangers the life of

the complainant.

Frequently, the criminalcode does not describethe action, but instead

the consequence ofthe action and itseffects.

Elements of a Crime


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Elements of a Crime

Most criminal actions involve an action that creates a harm or

loss to someone else. For example, in section 268(1) of thecriminal code:

268 (1). Every one who commits an aggravated assaultwho wounds, maims, disfigures, or endangers the life of

the complainant.

Frequently, the criminalcode does not describethe action, but instead

the consequence ofthe action and itseffects.

Elements of a Crime


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Elements of a Crime

The focus on the consequences of the criminal action

means that any actions taken to achieve the loss orharm constitute actus reus.

That means the conduct of the accused must have

causedthe consequence to occur.

For example, code ondamage toproperty:

430 (1). Every one commitsmischief who wilfully(a) destroys or damagesproperty.

Elements of a Crime


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Elements of a Crime

Under this section, the Crown can proceed against the

accused once the loss or harm is reported, regardless ofthe method used to cause that loss or harm.

Actus reus can also refer to circumstances where a person

omits to do something that is required by law. Forexample, failing to give assistance to a police officerwhen you are requested to,constitutes an actus reusof a crime.

Elements of a Crime


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Elements of a Crime

129. Every one who

(a) Resists or wilfully obstructs a public officer or peace officer inthe execution of his duty or any lawful citizens acting in theaid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or

peace officer in the execution of his duty in arresting a personor in preserving the peace, after having reasonable notice thathis is required to do so, or,

(c) Resists or wilfully obstructs any person in the lawfulexecution of a process against lands or goods orin making a lawful distress or seizure, is guilty of

(d) an indictable offence and is liable toimprisonment for a term not exceedingtwo years,

Elements of a Crime


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Elements of a Crime

In some situations, a certain state of

a person, such as being inpossession of stolen property, canconstitute the actus reusof theoffense.

There are even examples wherebeing in a certain place constitutesas offense, even if the accusedparticipates in no other illegal

activities.

What might some of those placesbe?

Elements of a Crime


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Elements of a Crime

In addition to actus reus, meaning a prohibited action,

omission, or state of being, it refers to an action that isvoluntary and not coerced by another.

If a person is forced to rob a bank at gunpoint, they are notresponsible for the criminal actthey are committing.

Similarly if a person is involved ina crime without their knowledgeie: a child being used by a parentor older sibling and being

unaware that they are taking partin a crime.. they cannot be heldresponsible.

Elements of a Crime


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Elements of a Crime

If a person is not in full possession oftheir faculties at the time of theincident, it is said to be involuntary.

If, for example, a person commits acrime while sleepwalking, then noactus reus has occurred. There isconsiderable evidence accepted by the

courts that people are not legallyresponsible for their actions whileasleep, because they are not aware of

what they do while asleep eitherduring or after.

Elements of a Crime


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Elements of a Crime

Mens Rea

Mens Rea refers to thecriminal intent of theperson performing the

wrongful act at the time ofthe action. Mostcommonly, the crownmust prove that the act

was intentional, wilful,

knowing, reckless, orcareless to prove the mensrea of the crime.

Elements of a Crime


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Elements of a Crime

Intent to commit a crime means that the person voluntarily

does something wrong and knows or foresees the results ofthe wrongful action.

Some people in society are considered incapable of formingthe intent to commit a crime...

- Children who are under 12- People with a mental disability

However, is this true? At what

age does a child become capableof knowingly doing something

wrong?

Elements of a Crime


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Elements of a Crime

Intent to commit a crime means that the person voluntarily

does something wrong and knows or foresees the results ofthe wrongful action.

Some people in society are considered incapable of formingthe intent to commit a crime...

- Children who are under 12- People with a mental disability

Elements of a Crime


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Elements of a Crime

Many sections of the criminal code

directly address the intent of theaccused person by using terminologysuch as wilfully, intentionally, ormeans to as part of the descriptionof the offense.

Ie:49. Every one who wilfully, in thepresence of Her Majesty,

(a) does an act with intent to alarmHer Majesty or break the publicpeace(b) does an act that is intended to

cause bodily harm to Her Majesty...

Elements of a Crime


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Elements of a Crime

In order to be found guilty, the crown

would have to prove that theaccused actions werewilful, thatthose actions occurred in thepresence of Her Majesty, that the

actions were intendedto alarm theQueen, break the public peace, orharm the Queen.

If they cannot prove all thoseelements, then the accused is notguilty of a crime.

Elements of a Crime


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Elements of a Crime

Motive vs. Intent

The intent to commit a criminal actshould not be confused with motive.

Motive describes why someone mighthave a reason to commit a crime.

Intent shows a personswillingness toactually do it.

If a person is motivated to steal moneyto buy an iPod, it is the intent to stealthat forms the mens rea.The motive

would be to buy an iPod.

Elements of a Crime


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Elements of a Crime

In some instances, there may be only

general intentto commit a wrongfulact. This refers to the intent toperform the act in question, with nofurther ulterior motive or purpose.

If a first criminal activity is done... Sothat a second criminal activity can bedone, the second activity constitutesspecific intent.

This means a person doing the act hadan intent beyond the act itself.

Elements of a Crime


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Elements of a Crime

For example in the following criminal code excerpt, the phrase

for the purpose of highlights this.

213. (1) Every person who in a public place or any place open topublic view

(a) stops or attempts to stop a motorvehicle,(b) impedes the free flow of pedestrianor vehicular traffic..(c) stops or attempts to stop any person

or in any manner communicates withany person,For the purpose of engaging inprostitution or obtaining the sexual

services of a prostitute is guilty of an offense.... Etc.

Quick Case Study


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Quick Case Study

Jordan is on the witness stand, testifying

in a trial against her friend, who isaccused of aggravated assault. Underpressure from the prosecutingattorney, Jordan feels cornered andpressured by her desire to help her

friend and her need to get thequestioning over as quickly aspossible.

When asked if she was in the room

when the (alleged) assault took place,Jordan blurts out, No, I wasnt inthere, when she had been.

Is there mens reahere? .

Elements of a Crime


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Elements of a Crime

YES.

Knowledge on the part of the accusedmay also make up the mens rea. Forexample, if someone says something

under oath that they know to befalse, that person is guilty of perjury.The fact that the person knowinglymisleads the jury by lying fulfills themens rea... even if its done under

pressure or spur of the moment (ie:without premeditated intent).

Elements of a Crime


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Elements of a Crime

If a person is so reckless or negligent in his or

her actions that a crime occurs, even ifhe/she did not mean to commitit, the person may still beaccountable for the wrongfulact. The mens reaelement of the

crime would be met by the reckless ornegligent behaviour.

Elements of a Crime


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Elements of a Crime

Reckless means taking unjustifiable riskswith the safety or property of others. Theremay not be the certainty that a criminal act

with happen, but if the actions are recklessin nature, the probability that someones lifeor property will be in danger will make a lossor harm more likely.

Elements of a Crime


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Elements of a Crime

It is the probability and awareness of the risk to others that

constitutes the mens reain this instance.

For example:A drunk driver fails to stop at a red light and causes anaccident. The driver didnt intend to cause an accident, butthe recklessness of driving drunk...and not stopping...islikely to cause danger and/or harm.

The mens rea can be found in thenegligence of a person for the safetyof others and their property.

Elements of a Crime


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Elements of a Crime

The Criminal Code defines criminal

negligence in this way:219. (1) Every one is criminally negligent

who(a) In doing anything, or

(b) in omitting to do anything that it ishis duty to do,shows wanton or reckless disregard forthe lives or safety of other persons.

An action is criminally negligent when itfails to meet the standard ofresponsibility that is usually expectedof a reasonable person.

Elements of a Crime


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Elements of a Crime

A reasonable person is onewho has the expected levelof skill and ability underthe circumstances.

For example A carmechanic allows animproperly repaired car to

be driven away by anunsuspecting customer...

Elements of a Crime


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Elements of a Crime

In the past 10 years, the Canadian courts have expanded mens

rea to include wilful blindness. This is when a person is nearlycertain that an activity is criminalbut chooses to closehis/her eyes to it... often because it is profitable to do so.

- Bribes to look the other way- Buying very cheap items from the back of a van

- Transporting a case for a criminal, and notasking whats inside it.

- Witnessing a crime, but not wantingto get involved and so ignoring it...when it is safe and possibleto report it.

Elements of a Crime


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Elements of a Crime

Offences that require no mens rea.

Usually, both actus reus andmens reaneed to be presentfor a crime to have occurred. However, there are twoexceptions.

One is called the strict liability offence, and requires acriminal act or omission of an act tohave happened but does not requiremens rea.Generally these offences arecreated by provincial and federalstatutes to protect the health, safety,environment, and general public

welfare.Examples follow...

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Elements of a Crime

Examples of these would be wildlife laws and traffic laws at the

provincial level, and issues relating to taxation, workers safety,and environmental protection at the federal level.

Since these dont require mens rea, (Guilty Mind) there is reallyonly one defence for a charge. A person must have used all due

diligence to avoid committing the offence...also knownas reasonable care.

Ie: - Drove carefully around wildlife- Checked before operating heavy

machinery around others- Used honest accountant for taxes

and provided accurate info.

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Elements of a Crime

The second type of offense that doesnt

reqire mens rea is an absolute liabilityoffence.This type of offence has nopossible defence. The fact that thecriminal act happened is enough toconvict.

Eg: Driving over the speed limit.Though there may be no intent to speed,the mere fact that a person sped is

enough. Saying the speedometer didntwork or that you missed the last speedlimit sign does not work as a defence tothis charge... However, crying orcleavage might work (depending on the

cop).


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Mini Case Studies

Refer to your workbook for the case studies and places to writedown your thoughts.

There are 9 separate case studies to look at here.

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Mini Case Studies

1. While walking in the park, Bernice observes Candace beating

and kicking Danielle. Bernice stops, watches a while, thenwalks on. Bernice makes no effort to assist Danielle and doesnot report the incident. Is Berniceguilty of an offence?

Why/Why Not? .

Answer:

No, Bernice is not guilty. There is noactus reus. Bernice was under no

legal duty to assist, because thereis no certainty that the action

witnessed was criminal, and noclear ability to report safely and

promptly.

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Mini Case Studies2. Gerald, while hunting bear, claims he is attacked by a bull

moose and shoots it. Provincial law makes it an offence to shoota moose at any time or season. Is Gerald guilty of an offence?

Why/Why Not? .

Answer:

Yes, Gerald is guilty. Strict Liability Offence. Intent is notimportant in this case. Is it self defence? Not likely.However, acquittalis possible whenit goes to trial. Didhe use all duediligence to avoidsituation and needto shoot?

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Mini Case Studies

3. Herman sets a leg-hold trap to catch a wolf, butunintentionally catches a dog. Instead of freeing the dogimmediately, Herman asks around to find out who owns thedog. The owner is found four hours later; meanwhile the doghas been suffering pain for an extra four hours. Cruelty toanimals offence? Why/Why Not? .

Answer:

Herman is guilty of cruelty toanimals. There was no

intent in his trap, but thesuffering was unnecessaryand easily stopped. Theomission of action here isthe offense.

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4. Ron went with Henry to the home of James. Ron knew thatHenry intended to assault James. While Henry assaulted

James, Ron prevented a friend of James from calling thepolice or stopping the attack. Is Ron guilty of an offence?

Why/Why Not? .

Answer:

Yes, Ron is guilty of anoffence. He helped

make it happen. Heaided it. This is wellbeyond witnessingand/or being afraidor unable to report.

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5. Thomas wanted to sell narcotics to Marvin. Kent acted as anegotiator between Thomas and Marvin as to price. Kentnever handled the narcotics or the money. The sale was madeand Thomas was arrested for trafficking narcotics. What isKents position? Why? .

Answer:

Kent is guilty. He aidedothers in the crime,

knowingly and fullyaware that is was acriminal offence. Hecant even claimignorance of any kind.

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6. Fred went through a marriage ceremony with Susan. Fredwas already married to Corrina and believed the marriage toSusan was bigamy. He intended to desert Susan after gettingher money. Susan learns about Freds previous marriage andhas him arrested. Unknown to Fred, however, Corrina diedthe previous year. Is Fred guilty of an offence? Why/Why

Not? .

Answer:

No. Fred is not guilty

(though hes a jerk). Thereis mens rea, but no actusreus. Corrinasdeathmakes it no longer a

crime.

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7. Paul wants to poison Britney and purchases a substance fromHernandez, an underworld figure. Paul administers thesubstance to Britney who suffers no harm. The supposedly-dangerous substance was substituted by Hernandez withoutPauls knowledge, and is harmless. Is Paul guilty of anoffence? Why/Why Not? .

Answer:

No. Paul is not guilty. There ismens rea,but no actus reus.

Wrongful intent alone is notenough to convict.

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8. Gretta buys a gun, purchases bullets, finds out when Peter will behome, calls a taxi, drives to the street where Peter lives, rings thedoorbell, is let into the home by Peters wife, enters Peters livingroom, pulls out the gun and aims it at Peter, and then pulls thetrigger. The gun fails to fire because it has a defective firing pin. At

what point, if any, did Gretta attempt to kill Peter? Is Gretta guilty

of an offence? Why/Why Not? .Answer:

Its important to separate the planning stage

from the active stage. Likely Grettamoved into that stage when she calledthe cab. She is not guilty of an offence.

Again, no actus reusdespite full intent.

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9. Donald and Bradley plan to rob a store. They carry an air pistol that lookslike a firearm but is defective and cannot fire anything. They enter the

store, and threaten Vincent, the owner. Vincent pulls a gun out frombehind the counter and fires at Donald, but misses and hits a customer

just walking in the door. The customer dies on the scene. Are Donald andBradley guilty of homicide or wrongful death?

Why/Why Not? .

Answer:

No, they are not guilty. Was this death a result of theiroffence? No it wasnt. Was it a probable

consequence that they should have realized? No. Itwas an unpredictable and accidental result oftheir crime only. Based on what they used as aweapon, there was no likelihood of themexpecting this event could ever happen.


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Intro to Criminal law Offences

Complete

The Causes of CrimeAileen Wuornos


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A&E Documentary on

Aileen Wuornos.

Of key interest:

What were her causes of crime?

Chapter 6 – Intro to Criminal Law Class Notes

Documents

Transcript of Chapter 6 – Intro to Criminal Law Class Notes