Presentation Transcript

1. THE CRIMINAL CODE

   Offences Against the Person and Reputation 1: Violent Crimes
2. KEY TERMS Homicide Culpable homicide Non-culpable homicide Murder First-degree murder Second-degree murder Causation (“but-for” test) Manslaughter Infanticide Assisted suicide Euthanasia abduction
3. HOMICIDE Defined: the killing of another person by any means, either directly or indirectly. Can be either CULPABLE or NON-CULPABLE CULPABLE HOMICIDE – to cause the death of someone else on purpose or because of recklessness – “blameable”. NON-CULPABLE HOMICIDE - to cause the death of someone by complete accident or self-defence – not blameable, therefore the individual will not be held criminally responsible.
4. TYPES OF HOMICIDE
5. MURDER The deliberate (intentional) killing of another person It is classified into two categories: first degree and second degree.
6. FIRST-DEGREE MURDER FIRST-DEGREE MURDER occurs when any ONE of the following circumstances exists: It is planned(a scheme that is thought out carefully, where the person carefully weighs and considers the consequences) and deliberate (not impulsive); It is contracted (one person hires another to commit it); The victim is a law enforcement agent, i.e. a police officer, prison official. The death occurs while one commits or attempts to commit another serious crime particularly offensive to society, such as hijacking, sexual assault, kidnapping and forcible confinement, hostage taking, terrorist activities, etc. In these situations the murder does not have to be planned and deliberate to qualify as first-degree.
7. SECOND DEGREE MURDER All murder that is not first degree murder is second degree murder.
8. MURDER - PUNISHMENT FIRST DEGREE – life in prison with no eligibility for parole for 25 years SECOND DEGREE – life in prison with no eligibility for parole for 10 years To be convicted of murder, the Crown must be able to prove CAUSATION. To prove causation, the Crown must prove that the accused did cause the death of the victim. To prove causation, they use the “but-for” test – BUT FOR the accused’s act, would the harm have occurred?
9. MANSLAUGHTER A general intent offence and culpable homicide that is not murder. A person is held responsible for causing the death of another, but the act is not considered intentional. Actus Reus – the action that led to the victim's death Mens Rea – a reasonable person would have seen the risks involved and therefore should have known better or been more careful For example, Shubdip and Siman get into an argument in a bar, and Siman punches Shubdip in the face, causing Shubdip to lose his balance, fall, and hit his head on the corner of a pool table. They both leave the bar, but later that night, Shubdip dies from internal bleeding caused by a severe concussion. Siman would be charged with manslaughter, because even though he did not mean to kill Shubdip, Siman meant to hurt him. Shubdip died as a direct result of Siman’s wrongful act (aka “but-for”)
10. MANSLAUGHTER AND CRIMINAL NEGLIGENCE A charge of manslaughter can also be brought in the event that criminal negligence resulted in death i.e. if you do something that or fail to do something that is your duty which shows a reckless disregard for the lives or safety of others, such as reckless driving, failure to provide the necessities of life.
11. WHEN CAN A MURDER CHARGE BE REDUCED TO MANSLAUGHTER? A charge of murder can be reduced to manslaughter if the accused can show provocation on the part of the victim, or extreme intoxication as their defence. For a successful defence of provocation to be used, the accused would have to prove that the victim did something so insulting or outrageous that it caused the accused to lose self-control or behave irrationally in the heat of passion (i.e. immediately following the provocation). No cooling-off period can occur, or else it becomes planned and deliberate, and is murder. For a successful defence of intoxication to be used, there must be doubt as to whether the accused specifically intended to kill the victim because the accused was drunk or high. The maximum punishment for manslaughter is life imprisonment; there is a minimum sentence of 4 years if a firearm is used.
12. INFANTICIDE Occurs when a mother kills her newborn child. All three of the following circumstances must be present for a crime to be infanticide: The accused must be the natural mother of the victim; Victims must be less than 12 months old; 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, such as post-partum depression. The maximum punishment for infanticide is 5 years. A common defence to drop the charges from murder to infanticide (where the penalty is substantially less than murder) is that the mother was suffering from post-partum depression, which requires medical treatment.
13. STOP AND THINK….. After giving birth, 19-year old Diana begins to suffer a severe case of post-partum depression. When the baby is four months old, Diana tries to asphyxiate herself and her son by sitting in a closed garage with the car engine idling. The baby dies, but Diana is rescued. The police charge Diana with infanticide, and the judge gives her the maximum sentence of five years in a federal penitentiary. If one of the functions of the law is to protect the most vulnerable in society, then why does infanticide carry a lighter sentence than murder? Explain why you agree or disagree with the maximum penalty for infanticide. Put yourself into the role of the appellate court judge, hearing the appeal of the 5 year sentence given to Diana. You are to provide your ruling on the appeal, along with support for your position. As the appellate court judge, you can change the decision all together, modify it, or uphold it.
14. ASSISTED SUICIDE It is an offence to counsel anyone to commit suicide or to help (aid or abet) anyone commit suicide. Maximum penalty is 14 years in prison Rodriguez v. British Columbia (Attorney General) A.A.L. DVD
15. EUTHANASIA Euthanasia is the act of putting to death persons suffering from incurable and disabling diseases as an act of mercy killing. voluntary euthanasia – is where the patient wants to be allowed to die and they can give consent (illegal in Canada); involuntary euthanasia – where the patient cannot give consent (e.g. in a coma) – the family may provide consent to remove life support , which is legal; passive euthanasia – when a person's condition is considered hopeless and is never treated; active euthanasia – when drugs are given or treatment is withdrawn to bring about the death of a person. The Latimer Case Video – W5
16. ABDUCTION A child (under 16) has been abducted if they are forcibly removed from their custodial parent. Example: following a divorce the mother is granted sole custody of her son; the father then takes his boy without permission from the court or the mother. Abduction may also include removing a child from foster parents or child welfare agencies. Maximum penalty: 14 years in prison
17. ASSIGNMENT Read pages 218 – 223. Copy the “Types of Homicide” chart on page 219 into your notes. Complete R. v. Nette, questions 1 – 4 on page 220. Complete R. v. Latimer, questions 1, 2 on page 223. Complete Review Your Understanding questions 1 – 5 on page 221.