Unit 3 Criminal Law

Chapter 4

Criminal Law

Deals with offences committed against society

Example: “break and enter” Charged under the criminal code (determined by

parliament – reflects the values of society) If found guilty – fined, imprisoned or community

service Penalties fail to compensate the victim

Victims must sue for damages under civil law

Need for Criminal Law

Keep order in society Offers penalties for crimes help deter Does little to compensate victims Public wants:

criminal law should protect people and property Some want harsh penalties to discourage

potential offenders or to punish wrongdoers Some want rehabilitation

Nature of Criminal Law

Parliament decides what is a crime and passes laws to change the Criminal Code

Criminal Code reflects the values of society

Hot topics = Heated debates (euthanasia, gun control, abortion, marijuana, pornography

For an act to be subject to criminal penalties

1. The action must harm other people

2. The action must violate the basic values of society

3. Using the law to deal with the action must not violate the basic values of society

4. Criminal law can make a significant contribution to resolving the problem

Any reform to the Criminal Code must take these conditions into consideration

The Power to make Criminal law

1867 – Provinces gave jurisdiction over criminal law to the federal parliament

to decide which actions were crimes and set punishments for crimes

Quasi-Criminal Law – those laws passed by the provinces / territories / municipalities that are not considered part of criminal law

Don’t deal with actual crimes Example: Highway Traffic Act, city bylaws Acts usually result in a fine

The Criminal Code Criminal Code is the main source of criminal law in

Canada Other Criminal offences are listed in statutes passed by

Parliament (Controlled Drugs and Substances Act)

Describes offences that are considered crimes, as well as punishments for crime

Judiciary (judges and courts) interpret the criminal laws and apply them to individual cases Determines if a law trespasses upon citizen’s rights as

outline in the Charter Determine and follow precedence

Types of Criminal Offences

Summary Conviction Offences Minor Can be summoned to court without delay Max. penalty: $2000 and/or 6 months in jail Other statutes may have more severe penalties

Indictable Offences Serious crimes Criminal Code – set up max penalties for each offence Penalty decided by the trial judge Some indictable offences have min. penalties that judge

must impose (D & D = $600 – 5 years imprisonment)

Types of Criminal Offences continued

Hybrid Offences Crown attorney has the right to proceed

summarily and impose a less severe punishment, or to proceed by indictment

Example: Theft (see page 108 “The Law”)

The Elements of a CrimeActus reus – wrongful deed

Must b shown that the person committed an act prohibited by law Failure to do something (example: for parents to withhold the

necessities of life for their children)

Mens Rea – guilty mind1. Intent or Knowledge: based on the facts and what a reasonable

person would be thinking under the circumstances Intent – the true purpose of the act General intent- intent is limited to the act itself (assault – crown need

only prove the intent to apply force Specific Intent- when the person committing the offence has a further

criminal purpose Law considers some people incapable of forming intent (mental illness,

minors, being extremely drunk or high

Case Example: R. v. Molodowic (text page 109)

The Elements of a Crime continuedMens Rea – guilty mind

1. Intent or Knowledge: Continued Knowledge- knowledge of facts – prove mens rea Motive- reason for committing an offence

Not the same as intent Does not establish guilt of the accused Can be used as circumstantial (indirect) evidence

2. Recklessness Careless disregard for the possible result of an action

People don’t intend to harm others however they understand the risks of their actions and proceed anyway

Must be proven by the Crown attorney, beyond a reasonable doubt that actus reus and mens rea existed

Offences without a Mens Rea Usually violations of federal or provincial regulations passed to protect the

public (speeding)

Regulatory offences

Carry less penalties

Don’t carry stigma associated with criminal convictions

2 Types1. Strict Liability Offences2. Absolute Liability offences

Case: R.v. Wilson…. Page 111, read and answer questions1-4Case: R.v. Memarzaheh… Page 111. read and answer questions 1-3

Offences without a Mens Rea Continued

1. Strict liability offences: The liability is said to be strict because the defendants will be convicted

even though they were genuinely ignorant of one or more factors that made their acts criminal – no need to prove mens rea

Therefore it is only necessary to prove the offence was committed

Due diligence: defense used by the defendant (took care not to commit the offence or honestly believed in a mistaken set of facts)

2. Absolute liability offences: Crown need only prove actus reus no possible defence (no act was taken to prevent) if the person committed actus reus, he or she is guilty, no matter what

precautions were taken to avoid committing the offence (can’t use due diligence)

law does not specify which regulatory offences are strict liability or absolute

prison term for an absolute liability is unconstitutional

Attempt

intends to commit the crime, but failsactus reus for attempt begins in the first steps

towards committing the crime (preparatory stages are decided by judge or jury)

can be tried for the act it’s self

Conspiracyagreement between two or more people to

commit a crime or to achieve something legal by doing something illegal

Parties to an Offence

Aiding or Abetting committing or encouraging (respectively)

Accessory After the Fact helping someone escape (includes providing

food, clothing of shelter) harbouring a criminal Excluding spouses