Criminal Law

1. Criminal Law 4.2 Nature of Criminal Law 4.3 The Power to Make Criminal Law 4.4 Types of Criminal Offenses 4.5 The Elements of a Crime

2. The Need for Criminal Law • Purposes of criminal law: • Purpose of responses: • Rehabilitation • Prevent recidivism • Address underlying issues • Reintegration into community • Protection/Prevention • Threat of punishment • Sets standards • Punishment • Isolation • Deprivation

3. The Nature of Criminal Law • “The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.” • Conditions for Criminality • The action must harm other people. • The action must violate the basic values of society. • Using the law to deal with the action must not violate the basic values of society. • Criminal law can make a significant contribution to resolving the problem. • (Law Commission of Canada)

4. Elements of a Crime • Actusreus • Wrongful deed that is prohibited by law. • Action/failure to act Must be present at the same time • Mensrea • A guilty mind • Intent • True purpose of the act • General (limited to the act, no further criminal purpose) • Specific (further criminal purpose) • Knowledge • Need not prove an intent… • Recklessness • Careless disregard, even if intent to harm not present.

5. Elements of a Crime • “In the case of R v. Daviault (1994) the Supreme Court of Canada ruled that “extreme drunkenness” was an appropriate defense for certain crimes, for example sexual assault. It argued that the intoxication of the defendant was so extreme that the situation was unlikely to happen again.” • What element of a crime is missing in such a situation? • Should self-induced intoxication be a reasonable defense? • Cases page 109, 111 (2) and 113.

6. The Criminal Code of Canada

7. Criminal Code of Canada: History • England resistant to codification, colonies experimented • including India, Honduras, Tobago St Lucia, Jamaica • Canada’s Efforts • 1867- Codification a goal of Sir John A Macdonald • 1869- set out explicit authority to federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure. • 1892- Original Criminal Code achieved • "Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature."

8. Criminal Code of Canada: Selections

9. Criminal Code of Canada: Selections

10. Criminal Code of Canada: Selections

11. Criminal Code of Canada: Selections

12. Criminal Code of Canada: Common Crimes Robbery 9% Assault Level 1 65% Assaults Level 2 and 3 15% Sexual Assault 8% Other 3%

13. homicide culpable homicide non-culpable homicide murder manslaughter infanticide accidental self-defense first degree • Section 231 • Planned and deliberate • Law enforcement officer • In concurrence with other crime • Related to criminal harassment • While using explosives • Related to terrorism second degree • unintentional, directly, indirectly by means of unlawful act • result if defense of provocation or intoxication used in murder case (mens rea) • All other intentional murder • (heat of the moment) Criminal Code of Canada: Common Crimes

14. Criminal Code of Canada: Common Crimes Severity Level 3 • Aggravated Assault • committing Assault that wounds, maims, disfigures or endangers life • mens rea required: commit bodily harm Punishment Level 2 • Assault causing bodily harm • committing Assault while using a weapon or causing bodily harm • bodily harm: interfere with health/comfort in more than a fleeting way Level 1 • Assault • direct/indirect intentional force without consent • attempting/threatening to apply force • Approaching, blocking, begging with weapon/imitation of

15. Criminal Code of Canada: Offenses and Penalties • Indictable Offenses • Life Imprisonment • Accessory (murder), Criminal negligence causing death, Extortion • Mail interference, Sexual assault (aggravated), Terrorism • 14 years • Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery • 10 years • Abduction (under 14), Prison breach, Theft over $5000 • 5 years • Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling • 2 years • Abandoning child, Common bawdyhouse, Dueling • Summary Offenses • 6 months • Coin defacing, Impersonating a peace officer, Soliciting • Hybrid Offenses • False alarm fire, Mailing obscene matter, Uttering threats

16. Criminal Law Unit • Youth Justice Victims’ Rights • Young Offenders Act • Underlying issues of crime • Sentencing and incarceration • Investigation Process Offenders’ Rights • Evidence • Forensics • Witnesses • Inter-agency cooperation • Trial • Crown case • Defense Case • Available defenses • Judges and Judgments • Sentencing • Jails

17. Legal Research • Purpose: • To investigate a topical criminal law-related news event from the legal perspective • To become familiar reading and interpreting the Criminal Code of Canada • To become familiar with legal research • Instructions: • From a Canadian newspaper (national or local), select an article that reports on a specific crime. • Identify precisely what section of the Criminal Code has been contravened. • Read that section and related ones. • Summarise the case, the Criminal Code section and the penalties. • Discuss the high values/social values that have been contravened, and how those have changed, or will change, over time. • Should this section be subject to reform? Why or why not. Be specific. • Produce: • A one to two page report. • Bibliography (see style guide on Library website, MLA format) • Resources: • See mscoates.wordpress.com