Offences against the person

1. Offences against the person Part VIII of the Criminal Code

2. Violent Crimes • “Offences against the Person and Reputation”- Part VIII of the Criminal Code • Violent in nature and cause harm to the human body • Also: wilfully promoting hatred (offence against a person’s reputation) • Homicide, Assault, Sexual Assault, Other sexual offences, abduction and robbery

3. 2006 Homicide Statistics • 605 Homicides (USA: 17,000) • Rate per 100,000 is the key stat: Ontario has a rate of 1.5 • Homicides by Accused-Victim relationships most common

4. Homicide • Killing of another human being- Culpable Homicide • Culpable- a person causes the death of a person on purpose (or reckless) • Non-culpable homicide is not an offence- results from a complete accident- lacks intent- can include self-defence • Includes acting under military orders in times of war • Includes defending one’s property

5. 1st Degree Murder • 1stdegree Murder • Planned- a scheme that has been thought out carefully • Deliberate means the act is not impulsive • One hires another to commit murder • The victim is a law enforcement agent • The death occurs while another crime is being committed- hijacking, sexual assaults, kidnapping and forcible confinement and hostage taking

6. 2nd Degree Murder • All other types of murder are considered 2nd degree • Minimum sentence for both are life in prison- it’s the possibility of parole that is different- 1st Degree- 25 years, 2nd Degree- 10 years • Causation- cause of death- factors that lead to the death of an individual

7. Infanticide • Occurs when a mother, only a mother, kills her newborn child • Three circumstances must be met for the crimes to be infanticide: • The accused has to be the natural mother of the victim • The victim must be less than 12 months old; and • At the time of the killing, the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth to the victim • Max punishment is 5 years imprisonment • Created in 1948 due to the reluctance of juries to sentence mothers for murder

8. Manslaughter • Causing the death of a person by means of an unlawful act • It is not murder and only requires general intent • “Bar Fight”- mensrea- would a reasonable person foresee that there was a risk of bodily harm (not necessarily death) • If a person is negligent, they can also be charged with Manslaughter • Murder charges often become convictions of manslaughter- only if one of these two defences is used successfully: • 1. Provocation: in the heat of passion caused by sudden provocation • 2. Intoxication: if someone failed to develop the specific intent

9. Assault • Three levels of assault- based on the severity and corresponding penalties: Level One: Assault Level Two: Assault causing bodily harm Level Three: Aggravated Assault • All assaults have two common elements: the accused must have intent to carry out the attack and cause harm and there must be no consent by victim

10. Level One Assault • Applying intentional force to someone • Attempting or threatening, by an act or gesture to apply force against someone • Approaching or blocking the way of another person • Harmful words however are not assault • Assault carries with it a maximum penalty of 5 years in prison

11. Level Two Assault • Physical attack involving a weapon • Bodily harm is required which requires medical attention • Bodily harm is anything that interferes with the victim’s health or comfort • Maximum penalty if 10 years imprisonment

12. Level Three Assault • An attack so severe that the physical injuries may threaten the life of the victim. • Happens if a person wounds, maims or disfigures or endangers the life of the victim • The mensrea needed is that there was only intent to commit bodily harm • The maximum penalty is 14 years in prison

13. Sexual Assault • Specific form of assault that involves unwanted sexual attention • Three level of sexual assault • 1983 C- 127 changed the language in our sexual assault laws • Very controversial area of the criminal code- changes are often asked of this area of crime

14. Sexual Assault • Level one is similar to level one assault it involves intention unwanted sexual attention • Could also involve the victim’s sexual integrity being violated • Can include minor physical injury to victim or no injuries at all • Max punishment of 10 years • Example is a charge for molestation- non-consensual forced sexual behaviour

15. Sexual Assault • Level two involves sexual assault with a weapon • Can include an imitation of a weapon or threats or any sexual behaviour that causes bodily harm • Max Punishment of 14 years • Level Three is aggravated sexual assault. A sexual attack so serious that the victim’s injuries may be life threatening- max penalty of life

16. Consent and Rape Shield • This is simple- there can be no implied consent- No means No and Yes means Yes…end of story • Rape Shield- Bill C-49- during a trial the complainant (the person who has made the complaint about being sexually assaulted) cannot have their sexual history cross examined. • The defendant would often try and use the past sexual behaviour of the complainant to discredit their testimony

17. Age of Consent • 2008- 16 years old is the age of sexual consent • Where this is a person of trust- (coach, doctor, teacher) the age of consent is 18 • The Criminal Code also defines “close in age” or “peer group” exceptions: for example a 14-15 year old can consent to engage in sexual activity with another person who is less than two years older • 2005- offence of sexual exploitation- the courts in this case try and determine if a relationship is exploitative depending on various criteria

18. Robbery • Illegally taking someone’s property without permission • Robbery must include theft involving violence or threat of violence using a weapon • To prove this the victim has to show that they felt threatened and that there were reasonable and probably grounds for fear • A finger has been found to be a weapon in robbery cases • Max punishment is life