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4 .2 NATURE OF CRIMINAL LAW4.3 THE POWER TO MAKE CRIMINAL LAW4.4 TYPES OF CRIMINAL OFFENSES4.5 THE ELEMENTS OF A CRIME
Criminal Law
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
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)
Elements of a Crime
Actus reus• Wrongful deed that is prohibited by law. • Action/failure to act Must be present
at the same time
Mens rea• 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.
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.
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."
Criminal Code of Canada: Selections
Criminal Code of Canada: Selections
Criminal Code of Canada: Selections
Criminal Code of Canada: Selections
Criminal Code of Canada: Common Crimes
Robbery 9%Assault Level 1 65%Assaults Level 2 and 3 15%Sexual Assault 8%Other 3%
Criminal Code of Canada: Common Crimes
homicide
culpable homicidenon-culpable
homicide
murder manslaughter infanticide
first degree
second degree
accidental self-defense
Section 231
•Planned and deliberate
•Law enforcement officer
•In concurrence with other crime
•Related to criminal harassment
•While using explosives
•Related to terrorism
•All other intentional murder (heat of the moment)
• unintentional, directly, indirectly by means of unlawful act
• result if defense of provocation or intoxication used in murder case (mens rea)
Criminal Code of Canada: Common Crimes
Level 1
Level 3
Level 2
Seve
rity
Pu
nish
men
t
Assault
• direct/indirect intentional force without consent
• attempting/threatening to apply force
•Approaching, blocking, begging with weapon/imitation of
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
Aggravated Assault• committing Assault that wounds, maims, disfigures or endangers life• mens rea required: commit bodily harm
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
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
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