The Nature Of CrimeThe Nature Of Crime

Chapter 6Chapter 6

What Is A Crime?What Is A Crime?

A A crimecrime is an act or omission of an act that is is an act or omission of an act that is prohibited and punishable under federal prohibited and punishable under federal statute.statute.

Four general conditions must exist for an act or Four general conditions must exist for an act or omission to be considered a crime.omission to be considered a crime.

1.1. The act is considered wrong by society.The act is considered wrong by society.2.2. The act causes harm to society in general or to The act causes harm to society in general or to

those who need protection.those who need protection.3.3. The harm must be serious!The harm must be serious!4.4. The remedy must be handled by the criminal The remedy must be handled by the criminal

justice system.justice system.Criminal CodeCriminal Code

Criminal LawCriminal Law

Criminal lawCriminal law refers to the body of laws that prohibit refers to the body of laws that prohibit and punish acts that injure people, property and and punish acts that injure people, property and society as a whole.society as a whole.

Three main purposes: protect people and property, Three main purposes: protect people and property, maintain order and preserve standards of public maintain order and preserve standards of public decency.decency.

The Criminal Code of CanadaThe Criminal Code of Canada is a federal statute is a federal statute that contains the majority of the criminal laws passed that contains the majority of the criminal laws passed by parliament. It lists, not only offences, but also the by parliament. It lists, not only offences, but also the sentences to be imposed and the procedures to follow sentences to be imposed and the procedures to follow when trying those accused of crimes.when trying those accused of crimes.

Laws passed by provinces or municipalities are called Laws passed by provinces or municipalities are called quasi-criminal lawsquasi-criminal laws, laws covering less serious , laws covering less serious offences at the provincial or municipal level, most often offences at the provincial or municipal level, most often punishable by fines.punishable by fines.

Elements of a CrimeElements of a Crime

To be convicted of a crime a person must To be convicted of a crime a person must have the have the Actus ReusActus Reus and the and the Mens ReaMens Rea..

Actus ReusActus Reus is Latin for “the guilty act”, and is Latin for “the guilty act”, and is the voluntary action, omission, or state of is the voluntary action, omission, or state of being that is forbidden by the criminal code.being that is forbidden by the criminal code.

The action is the physical act involved in The action is the physical act involved in committing the offence, omission is failure committing the offence, omission is failure to do something that is your legal duty to do to do something that is your legal duty to do and state of being refers to things such as and state of being refers to things such as being in possession of stolen property or being in possession of stolen property or found in a gaming house.found in a gaming house.

Mens ReaMens Rea is Latin for “the guilty mind” , where is Latin for “the guilty mind” , where an accused person deliberately did something he an accused person deliberately did something he or she knew to be wrong, with reckless disregard or she knew to be wrong, with reckless disregard for the consequences.for the consequences.

Mens Rea can be established by showing intent or Mens Rea can be established by showing intent or knowledge.knowledge.

IntentIntent means the accused meant to do means the accused meant to do something wrong, was reckless regarding the something wrong, was reckless regarding the consequences and knew or should have foreseen consequences and knew or should have foreseen the results. (key words, willfully or intentionally)the results. (key words, willfully or intentionally)

General IntentGeneral Intent means that a person commits a means that a person commits a wrongful act for its own sake, with no other wrongful act for its own sake, with no other motive or purpose.motive or purpose.

Specific IntentSpecific Intent applies when someone commits applies when someone commits one wrongful act for the sake of doing another.one wrongful act for the sake of doing another.

MotiveMotive is the reason a person commits a crime, is the reason a person commits a crime, while intent refers to that person’s state of mindwhile intent refers to that person’s state of mind

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A defence to manslaughter?A defence to manslaughter?

The The eggshell skull ruleeggshell skull rule is a legal doctrine that says the is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. wrongdoer takes the victim in the condition he/she finds him. There is no allowance for an already weakened state of the injured There is no allowance for an already weakened state of the injured party. If a defendant negligently injures someone, the defendant is party. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were responsible for all the consequences, whether they were foreseeable or not. foreseeable or not.

The rule is applied in tort and criminal cases involving a The rule is applied in tort and criminal cases involving a plaintiff in plaintiff in a vulnerable, weakened state or suffering from a medical a vulnerable, weakened state or suffering from a medical condition. condition.

A rebuttal to the eggshell skull rule is the A rebuttal to the eggshell skull rule is the crumbling skull rulecrumbling skull rule. . This rule argues that the harm suffered by the victim was This rule argues that the harm suffered by the victim was inevitable and the defendant's acts only had a minimal effect upon inevitable and the defendant's acts only had a minimal effect upon the already deteriorating circumstances. the already deteriorating circumstances.

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ATTEMPTED MURDER/SPECIFIC INTENTATTEMPTED MURDER/SPECIFIC INTENT

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General IntentGeneral Intent

InIn Criminal LawCriminal Law andand Tort LawTort Law, , a mental plan to a mental plan to do that which is forbidden by the law. do that which is forbidden by the law. Unlike offenses that require a Unlike offenses that require a Specific IntentSpecific Intent, , it is not necessary that the accused intend it is not necessary that the accused intend the precise harm or result. the precise harm or result. It is sufficient if It is sufficient if the person meant to do the act that caused the person meant to do the act that caused the harmthe harm or result. For example, or result. For example, BatteryBattery is a is a general intent offense. general intent offense. If a defendant If a defendant commits a battery that results in harm to commits a battery that results in harm to the victim, it the victim, it does not matterdoes not matter if the if the defendant did not intend the harm.defendant did not intend the harm.

Specific IntentSpecific Intent Specific IntentSpecific Intent applies when someone commits one wrongful act for applies when someone commits one wrongful act for

the sake of doing another. the sake of doing another. The term The term specific intentspecific intent is commonly used is commonly used in criminal and in criminal and Tort LawTort Law to designate a special state of mind that is to designate a special state of mind that is required, along with a physical act, to constitute certain crimes or required, along with a physical act, to constitute certain crimes or torts. Specific intent is usually interpreted to mean intentionally or torts. Specific intent is usually interpreted to mean intentionally or knowingly. knowingly.

LarcenyLarceny, for example, requires both the physical act of taking and , for example, requires both the physical act of taking and carrying away the property of another and the mental element of carrying away the property of another and the mental element of intent to steal the property. Similarly intent to steal the property. Similarly BurglaryBurglary requires breaking and requires breaking and entering into the dwelling of another with an intent to commit a entering into the dwelling of another with an intent to commit a felony/indictable offence therein. felony/indictable offence therein.

These crimes and others that require a specific-intent element are These crimes and others that require a specific-intent element are called called specific-intent crimesspecific-intent crimes and are distinguished from and are distinguished from general-intent general-intent crimes.crimes. General-intent crimes require only a showing that the General-intent crimes require only a showing that the defendant intended to do the act prohibited by law, not that the defendant intended to do the act prohibited by law, not that the defendant intended the precise harm or the precise result that defendant intended the precise harm or the precise result that occurred. occurred.

KnowledgeKnowledge refers to an awareness of refers to an awareness of certain facts that can be used to establish certain facts that can be used to establish Mens Rea. For example, knowing goods are Mens Rea. For example, knowing goods are stolen.stolen.

Criminal NegligenceCriminal Negligence can also be used to can also be used to establish Mens Rea. A person is criminally establish Mens Rea. A person is criminally negligence who in doing anything or negligence who in doing anything or omitting to do anything, shows wanton and omitting to do anything, shows wanton and reckless disregard for the lives and safety of reckless disregard for the lives and safety of others.others.

RecklessnessRecklessness, consciously taking an , consciously taking an unjustifiable risk that a reasonable person unjustifiable risk that a reasonable person would not take, or would not take, or Willful BlindnessWillful Blindness, , deliberate closing of one’s mind to the deliberate closing of one’s mind to the possible consequences of one’s actions, possible consequences of one’s actions, could also be used to prove Mens Rea.could also be used to prove Mens Rea.

Strict and Absolute LiabilityStrict and Absolute Liability

Some Some regulatory lawsregulatory laws, federal or provincial statutes , federal or provincial statutes meant to protect the public welfare, do not have to meant to protect the public welfare, do not have to have Mens Rea established to win a conviction. have Mens Rea established to win a conviction. (speeding)(speeding)

Liability, legal responsibility for a wrongful action, can Liability, legal responsibility for a wrongful action, can be strict or absolute.be strict or absolute.

Strict liability OffencesStrict liability Offences – offences that do not – offences that do not require Mens Rea but to which the accused can offer require Mens Rea but to which the accused can offer the defence of the defence of due diligencedue diligence (the defence that the (the defence that the accused took every reasonable precaution to avoid accused took every reasonable precaution to avoid committing a particular offence.)committing a particular offence.)

Absolute Liability OffencesAbsolute Liability Offences – offences that do not – offences that do not require Mens Rea and to which the accused can offer require Mens Rea and to which the accused can offer no defence. (fines)no defence. (fines)

Parties To An OffenceParties To An Offence Perpetrator/The AccusedPerpetrator/The Accused– the person who actually – the person who actually

commits the crime.commits the crime. AidingAiding – means helping a perpetrator commit a – means helping a perpetrator commit a

crime.crime. AbettingAbetting – encouraging the perpetrator of a crime – encouraging the perpetrator of a crime

without actually providing physical assistance.without actually providing physical assistance. CounselingCounseling – a crime that involves advising, – a crime that involves advising,

recommending or persuading another person to recommending or persuading another person to commit a criminal offence.commit a criminal offence.

Accessory after the factAccessory after the fact – someone who – someone who knowinglyknowingly receives, comforts or assists a perpetrator in escaping receives, comforts or assists a perpetrator in escaping from police.from police.

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Parties to common intentionParties to common intention – the shared – the shared responsibility among criminals for any additional responsibility among criminals for any additional offences that are committed in the course of the crime offences that are committed in the course of the crime they originally intended to commit.they originally intended to commit.

Incomplete CrimesIncomplete Crimes

AttemptAttempt refers to the attempt to commit a refers to the attempt to commit a crime, even when the crime is not crime, even when the crime is not completed. The guilty act begins when completed. The guilty act begins when mere preparation turns into action. mere preparation turns into action. (carrying break in tools) The intent is the (carrying break in tools) The intent is the obvious steps taken to commit the crime.obvious steps taken to commit the crime.

ConspiracyConspiracy is an agreement between two is an agreement between two or more people to carry out an illegal act, or more people to carry out an illegal act, even if that act does not actually occur. even if that act does not actually occur.

HomeworkHomework

Question 12, page 158Question 12, page 158 R. v. Hackett, questions 1 and 2, R. v. Hackett, questions 1 and 2,

page159page159 R. v. Vang, questions 1-3, page 159R. v. Vang, questions 1-3, page 159