2Criminal Law Pre-TestAnswer the questions on the pre-test to the best of your ability, then pass inAt the end of the unit we will re-take the pre-test to determine your progress
3ReviewCrime: act or omission of an act that is prohibited and punishable by Fed statuteConsidered wrong by societyCauses harm to society/protected individualsThe harm is seriousRemedy must be handled by CJSCrimes impact society as well as individuals
4ReviewCriminal Law: prohibits & punishes acts that injure people, property & societyProtects people & propertyMaintains orderPreserves standards of public decencyCriminal Code: a federal statute that contains most criminal laws
5ReviewFederal Jurisdiction – establishes & revises Criminal Law in CanadaProvincial – own judges, court systems; administers most crim. Law in province; passes laws under their jurisdictionMunicipal – jurisdiction may be transferred from Provincial
6Possible Causes of Crime povertydisregard for other’s rights and propertydrug useinsanityangerrevenge
7Why might Parliament decide to make certain actions criminal? Interest groups oppose existing lawschanging values of society(anti-drug laws, gun laws, drunk-driving laws, capital punishment, abortion laws)
8Clarity of Laws Law in your life, P.141 What exactly is “Reasonable Force”?Ball Playing Prohibited, Bylaw 391Read individually. Decide on which violators should be charged.Share decisions in groups.Write a definition so that all park users will understand the Bylaw
11Types of Offences1. Summary conviction offences - minor offences; max. $2000 ,6 mos.2. Indictable offences - serious crimes, can be life imprisonment3. Hybrid offences - Crown chooses whether to proceed as a summary or indictable offence
12Essential Elements of a Crime Actus reus +mens rea = CrimeTo convict a person of a criminal offence, the Crown must usually prove that these 2 elements existed at the time of the offence
13Actus Reus “the guilty act” the voluntarily action, omission or “state of being”For example:Action- assaultOmission- not stopping at an accident; failing to provide necessities of lifeState of being- being in possession of stolen goods; found in a gambling house
14Mens Rea “the guilty mind” A deliberate intention to commit a wrongful act, with reckless disregard for the consequencesCrown must show that the accused had the intent to commit an offence or knowledge that what they did was against the law
15Mens Rea Includes: intent or knowledge or willful blindness desire to carry out the action, can foresee the resultsor knowledgean awareness of certain factsor willful blindnessa deliberate closing of one’s mind to the possible consequences of one’s actionsor recklessnesstaking an unjustifiable risk that a reasonable person would not takeor criminal negligencereckless disregard for the safety of others, sometimes causing serious injury or death
16Actus Reus… clarifiedA person may incur criminal liability for failing to do that which the law requires him to do as much as by doing that which the law prohibits.Must be a voluntary act, not automatism.An omission is only culpable if there is a common law or statutory duty to act. Generally there is no obligation on anyone to prevent harm or wrongdoing.
17Case Study R. v.. Sidney Saskatchewan, 1915 The accused man was charged with manslaughter after the death of his wife and son. Following an argument in their home, the wife took the son and started walking to the house of her parents. She and the boy left at night in a severe snowstorm. They never arrived at her parents' house; they froze to death before reaching their destination. The charge against the husband was based primarily upon his permitting them to leave and not following them or taking any action to protect their safety.
18No Actus ReusHe was found not guilty of failing to supply "necessaries." The court felt that the husband was not criminally liable where the wife exercised her free will and chose to leave the shelter provided for her.With respect to the child, because the wife had control of him and there was nothing to show that the wife would get lost or deliberately expose the child to danger, there was no duty upon the husband to intervene.
19Mens Rea Case R v Moloney (1985) HL D received a friendly challenge by his stepfather to see who was "quicker on the draw" with shotguns. Both men were drunk, but good friends. Moloney shot and killed his stepfather, although he claimed he had no intention to do so and did not appreciate that the gun was aimed at the victim.Held: Moloney was not guilty of murder as a person only intends the result of an act if his purpose is to bring about that result. As Moloney did not intend to kill his stepfather, he was not guilty of murder.
21Actus Reus + Mens ReaIn Commonwealth v. Cali (Massachusetts, 1923), a man accidentally started a fire in his place of business. He then did nothing to put out the fire because he wanted to collect the fire insurance. He was convicted of arson.
22Actus Reus + Mens ReaThe court concluded that if a person starts a fire accidentally and then purposely refuses to extinguish it, a conviction for arson is possible since the intent could be formed after, as well as before, the fire started.
23Actus Reus + Mens Rea = Crime Actus Reus & Mens Rea Application QuestionsState which of the people in each scenario would be guilty of committing a criminal offence.Both actus reus and mens rea should exist.Explain your answers.
24Motive V. Intent Intent Motive A state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequencesMotiveThe reason a person commits a crime
252 Types of Intent General Intent Specific Intent The desire to commit a wrongful act, with no ulterior motive or purposei.e. Hit someone out of angerSpecific IntentThe desire to commit one wrongful act for the sake of accomplishing anotheri.e. Hit someone in order to rob them
262 Types of IntentGeneral Intent is easier to prove than Specific IntentA court may decide to prosecute someone for manslaughter (unplanned & unintended homicide), rather than murder (planned & deliberate homicide)
27Case StudyFather Jailed in Death of Son Left UnsupervisedP. 146
28Case Study Father Jailed in Death of Son Left Unsupervised 1. failing to provide a child with the necessities of life (supervision)2. previous warning re: heavy traffic3.4.
32Strict & Absolute Liability Liability- legal responsibility for a wrongful action
33Strict & Absolute Liability For some less serious offences, the Crown does not have to establish mens rea to win a convictioni.e. offences against laws meant to protect the public welfare (environmental protection, workplace safety, traffic offences)
34Strict & Absolute Liability Offences that do not require mens rea can be grouped into 2 liability categories:Strict Liability OffencesAbsolute Liability Offences
35Strict & Absolute Liability Strict liability offencesThe accused may acknowledge that the offence took place but then offer the defence of due diligenceDue Diligence:the accused took every reasonable precaution to avoid committing the offence in question
36Strict & Absolutely Liability Example A business would normally be responsible for pollution & runoff even if there was no intent…Unless they can prove that they took every reasonable precaution to avoid potential pollution(i.e. monitoring devices & special training for staff)
37Strict and Absolute Liability offences that do not require mens rea and to which the accused can offer no defenceOnce the Crown has established that the offence took place & the accused is responsible for it, the Court must find them guiltyBecause they can offer no defence, they cannot be imprisoned… usually fines
38Involvement in a CrimeGuilt may also be ascribed to incomplete offences & to those who are less than full participants in the crimeParties to an Offence:PerpetratorAccessory after the factAidingAbettingCounselling
39Offenders Perpetrator Co-Perpetrators the person who actually commits the offenceCo-PerpetratorsWhen more than one person is directly involved in an offenceboth have to be present at the scene of the offence
40Parties to an Offence Aiding A criminal offence that involves helping a perpetrator commit a crimeConsidered partly responsibleDoes not have to be presenti.e. supplying the key to a robber
41Parties to an Offence Abetting The crime of encouraging the perpetrator to commit an offenceMust have knowledge of the intent & committed an action that assisted the perpetratorWithout actually providing physical assistancei.e. Carlos egging Raj on to beat Bill up
42Parties to an Offence Counselling A crime that involves advising, recommending, or persuading another person to commit a criminal offenceDo not have to be at the scene of the crimei.e. Jenn Save Easy & tells Bob where he can steal without getting seen by staff/cameras
43Parties to an Offence Accessory after the fact Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the policeDoes not have to participate or help planningIf you knew that someone was involved in an offence & helped them without reporting them
44Parties to an Offence Party to common intention The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commiti.e. 6 people hijack a security truck & one of them shoots & kills the driver, all 6 can be charged with murder
45Incomplete Crimes While actus reus + mens rea = crime, there are exceptions (where the acthas not taken place):Incomplete Crimes:Criminal intentconspiracy
46Incomplete Crimes Criminal Attempt The intention to commit a crime, even when the crime is not completedAn attempt requires the guilty act but begins the moment mere preparation turns into an action required to commit the offenceMens rea can also be established as occurring at the beginning of an illegal actHad the intent & took some obvious stepsTerrorist builds bomb but doesn’t carry through
47Incomplete Crimes Conspiracy An agreement between two or more people to carry out an illegal act, even if that act does not actually occurYou hire a hitman who is an undercover police officer. No murder was committed, but conspiracy to murder was
48Oceans 11 Parties to an Offence During/After viewing this film, fill out your worksheet in order to specify which characters in the film can be charged for which Party to an Offence