Ch.6 - Introduction to Criminal Law

1. Ch.6 - Introduction to Criminal Law

2. What is a crime? • An action, or omission of an action, that is prohibited by the criminal code. • Behaviour that is harmful to society. • Whatever society decides is a crime.

3. 4 Conditions of a Criminal Act • The action must be considered wrong by society. • It must cause harm to society generally or to those in need of protection. • The harm must be serious in both nature and degree. • The action must be best dealt with in the criminal justice system (rather than civil) to deter others from doing the same.

4. R v. Coyne (p.109)

5. 2 Elements of an Offence: • The Actus Reus: The prohibited act, as defined in the criminal code. • The Mens Rea: The required intent (intention) to commit the act.

6. Some terminology: • The lawyer for the accused (the person CHARGED with an offence) is the DEFENCE lawyer. • The lawyer for the state (society) is the CROWN prosecutor. • An individual is presumed innocent until proven guilty. • Criminal offences must be proven beyond any reasonable doubt.

8. Charter Right 11b“Trial within a reasonable time” • See R v. Askov (p.112)

9. Chapter 7: Criminal Offences Person Property Morality

10. Classification of Offences

11. Summary Conviction Offence: less serious offences Causing a disturbance in a public place Loitering Being in an illegal gaming house Driving a someone’s car without permission • (Generally) Trial cannot proceed if more than 6 months have passed between the time of the act and the start of trial proceedings. • Max penalty: 6 months and/or $2000.

12. Indictable Offences:more serious offences Murder Arson Making/using counterfeit money Forgery • No limit on time between act and laying of charges. • Once charged, trial should be within reasonable time (6 months) • Police have broader search powers when investigating indictable offence. • If facing 5+ years, may have Jury.

13. Hybrid • May be treated by the Crown as summary conviction or indictable. • Indictable until stated otherwise. • Examples: Theft under $1000 Mischief Calling false fire alarm Conspiring/attempting to commit an offence. See R v. Quinn (p.127)

14. Offences against the person (people) • (Approximately 10% of all crimes reported. • Homicide • Murder (1st degree, 2nd degree) • Manslaughter • Infanticide See Droste v. The Queen (p.131) See R v. Latimer (p.132) • Counselling or aiding suicide • Assault • Sexual Assault

15. Robert Latimer

16. Offences Against Property • Theft • Colour of right (see r v. Hemmerly) • Robbery • Break and Enter • Something does not have to be broken • If you illegally enter someone’s home, you can be charged with: unlawfully being in a dwelling house • Mischief (damage) • Fraud (intentionally deceiving public or person causing a loss)

17. Offences Against Morality • Gambling • Keeping an illegal gaming house (max. 2 yrs) • Cheating at play • Being in a gaming house without lawful purpose (summary conviction) • Prostitution • Requiring payment for a sex act is not illegal but everything surrounding it is! (UPDATE: Currently this law has been struck down and is in the appeals process.) • Procuring: assisting in the process • Obscenity • Publications exploiting sex (violence)

18. Other Terms relevant to Criminal Law • Party to an offence • Indirect involvement in offence • Seriousness depends on seriousness of offence • Aiding: giving assistance • Conspiracy: clear plan, no execution. • Abet: encourage or help • Accessory after the fact: Provide comfort/assist after the offence. • See R v. Martineau (p.146) All of these are difficult to clarify when applying to real life situations.