Criminal LawCriminal Law

Crime – an act or omission of an act Crime – an act or omission of an act

(failure to act) that is prohibited and (failure to act) that is prohibited and punishable by federal lawpunishable by federal law

Criminal law – the body of laws that Criminal law – the body of laws that prohibit and punish acts that injure prohibit and punish acts that injure people, property and society as a people, property and society as a wholewhole

Purposes of Criminal Purposes of Criminal LawLaw

to protect people and propertyto protect people and property Maintain order and preserve Maintain order and preserve

standardsstandards to discourage potential offendersto discourage potential offenders to punish / rehabilitateto punish / rehabilitate

What is crime?What is crime? Depends on the morals and values of Depends on the morals and values of

societysociety Law Reform Commission says to be a crime:Law Reform Commission says to be a crime: 1. The act must be considered wrong 1. The act must be considered wrong 2. The act causes harm to society or to 2. The act causes harm to society or to

those who need protectionthose who need protection 3. The harm must be serious 3. The harm must be serious 4. The remedy must be dealt with by the 4. The remedy must be dealt with by the

criminal justice systemcriminal justice system

Possible Causes of Possible Causes of CrimeCrime

povertypoverty disregard for other’s rights and disregard for other’s rights and

propertyproperty drug usedrug use insanityinsanity angeranger revengerevenge

Jurisdiction for Criminal Jurisdiction for Criminal LawLaw

Federal - The federal gov’t has Federal - The federal gov’t has jurisdiction over criminal law so all jurisdiction over criminal law so all provinces have uniform criminal law.provinces have uniform criminal law.

Laws passed by provinces or Laws passed by provinces or municipalities are called quasi-criminal municipalities are called quasi-criminal eg. Motor Vehicle Acteg. Motor Vehicle Act

Federal gov’t makes and revises Federal gov’t makes and revises criminal law, but fed and prov gov’ts criminal law, but fed and prov gov’ts share administration of criminal law.share administration of criminal law.

Federal statutesFederal statutes

Federal statutes in which crimes and Federal statutes in which crimes and criminal procedures are found:criminal procedures are found:

Criminal Code ( 1892) *Criminal Code ( 1892) * Youth Criminal Justice ActYouth Criminal Justice Act Controlled Drugs and Substances ActControlled Drugs and Substances Act Food and Drugs ActFood and Drugs Act Income Tax ActIncome Tax Act Customs ActCustoms Act

Why might Parliament Why might Parliament decide to make certain decide to make certain

actions criminal?actions criminal? Interest groups oppose existing Interest groups oppose existing

lawslaws changing values of societychanging values of society (anti-drug laws, gun laws, drunk-(anti-drug laws, gun laws, drunk-

driving laws, capital punishment, driving laws, capital punishment, abortion laws)abortion laws)

Types of OffencesTypes of Offences

1. 1. Summary conviction Summary conviction offencesoffences - minor offences; max. - minor offences; max. $2000 ,6 mos.$2000 ,6 mos.

2. 2. Indictable offencesIndictable offences - serious - serious crimes, can be life imprisonmentcrimes, can be life imprisonment

3. 3. Hybrid offencesHybrid offences - Crown - Crown chooses whether to proceed as a chooses whether to proceed as a summary or indictable offencesummary or indictable offence

Essential Elements of a Essential Elements of a CrimeCrime

Actus reus +mens rea = CrimeActus reus +mens rea = Crime To convict a person of a criminal To convict a person of a criminal

offence, the Crown must usually offence, the Crown must usually prove that these 2 elements prove that these 2 elements existed at the time of the offenceexisted at the time of the offence

Actus ReusActus Reus

““guilty act or deed”guilty act or deed” the voluntarily action, omission - i.e. the voluntarily action, omission - i.e.

failure to act or “state of being”failure to act or “state of being” For example: For example: Action- assaultAction- assault Omission- not stopping at an accidentOmission- not stopping at an accident State of being- being in possession of State of being- being in possession of

stolen goodsstolen goods

Mens ReaMens Rea

“ “ guilty mind”guilty mind” A deliberate intention to commit a wrongful A deliberate intention to commit a wrongful

act, with reckless disregard for the act, with reckless disregard for the consequencesconsequences

includes intent ( desire to carry out the includes intent ( desire to carry out the action, can foresee the results)action, can foresee the results)

*Intent is not motive. Motive is the *Intent is not motive. Motive is the reason person commits a crimereason person commits a crime

or knowledge ( an awareness of certain or knowledge ( an awareness of certain facts)facts)

or willful blindness ( a deliberate or willful blindness ( a deliberate closing of one’s mind to the possible closing of one’s mind to the possible consequences of one’s actions)consequences of one’s actions)

or recklessness ( taking an or recklessness ( taking an unjustifiable risk that a reasonable unjustifiable risk that a reasonable person would not take)person would not take)

or criminal negligence ( reckless or criminal negligence ( reckless disregard for the safety of others, disregard for the safety of others, sometimes causing serious injury or sometimes causing serious injury or death)death)

General and Specific General and Specific IntentIntent

General intent- the desire to General intent- the desire to commit a wrongful act, with no commit a wrongful act, with no other motive or purpose ( assault)other motive or purpose ( assault)

Specific intent- the desire to Specific intent- the desire to commit one wrongful act for the commit one wrongful act for the sake of doing another ( assault / sake of doing another ( assault / theft)theft)

Strict and Absolute Strict and Absolute LiabilityLiability

LiabilityLiability- legal responsibility for a wrongful - legal responsibility for a wrongful actionaction

Strict liablity offences-Strict liablity offences- offences that do offences that do not require mens rea, but accused can use not require mens rea, but accused can use defence of due diligencedefence of due diligence

Due dilgence-Due dilgence- accused took every accused took every reasonable precaution to avoid committing reasonable precaution to avoid committing the offencethe offence

Absolute liabilityAbsolute liability – offences that do not – offences that do not require mens rea and accused can offer no require mens rea and accused can offer no defencedefence