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Offences against the person

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Presentation on theme: "Offences against the person"— Presentation transcript:

1 Offences against the person
Part VIII of the Criminal Code

2 Violent Crimes “Offences against the Person and Reputation”- Part VIII of the Criminal Code Violent in nature and cause harm to the human body Also: wilfully promoting hatred (offence against a person’s reputation) Homicide, Assault, Sexual Assault, Other sexual offences, abduction and robbery

3 2006 Homicide Statistics 605 Homicides (USA: 17,000)
Rate per 100,000 is the key stat: Ontario has a rate of 1.5 Homicides by Accused-Victim relationships most common

4 Homicide Killing of another human being- Culpable Homicide
Culpable- a person causes the death of a person on purpose (or reckless) Non-culpable homicide is not an offence- results from a complete accident- lacks intent- can include self-defence Includes acting under military orders in times of war Includes defending one’s property

5 1st Degree Murder 1st degree Murder
Planned- a scheme that has been thought out carefully Deliberate means the act is not impulsive One hires another to commit murder The victim is a law enforcement agent The death occurs while another crime is being committed- hijacking, sexual assaults, kidnapping and forcible confinement and hostage taking

6 2nd Degree Murder All other types of murder are considered 2nd degree
Minimum sentence for both are life in prison- it’s the possibility of parole that is different- 1st Degree- 25 years, 2nd Degree- 10 years Causation- cause of death- factors that lead to the death of an individual

7 Infanticide Occurs when a mother, only a mother, kills her newborn child Three circumstances must be met for the crimes to be infanticide: The accused has to be the natural mother of the victim The victim must be less than 12 months old; and At the time of the killing, the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth to the victim Max punishment is 5 years imprisonment Created in 1948 due to the reluctance of juries to sentence mothers for murder

8 Manslaughter Causing the death of a person by means of an unlawful act
It is not murder and only requires general intent “Bar Fight”- mens rea- would a reasonable person foresee that there was a risk of bodily harm (not necessarily death) If a person is negligent, they can also be charged with Manslaughter Murder charges often become convictions of manslaughter- only if one of these two defences is used successfully: 1. Provocation: in the heat of passion caused by sudden provocation 2. Intoxication: if someone failed to develop the specific intent

9 Assault Three levels of assault- based on the severity and corresponding penalties: Level One: Assault Level Two: Assault causing bodily harm Level Three: Aggravated Assault All assaults have two common elements: the accused must have intent to carry out the attack and cause harm and there must be no consent by victim

10 Level One Assault Applying intentional force to someone
Attempting or threatening, by an act or gesture to apply force against someone Approaching or blocking the way of another person Harmful words however are not assault Assault carries with it a maximum penalty of 5 years in prison

11 Level Two Assault Physical attack involving a weapon
Bodily harm is required which requires medical attention Bodily harm is anything that interferes with the victim’s health or comfort Maximum penalty if 10 years imprisonment

12 Level Three Assault An attack so severe that the physical injuries may threaten the life of the victim. Happens if a person wounds, maims or disfigures or endangers the life of the victim The mens rea needed is that there was only intent to commit bodily harm The maximum penalty is 14 years in prison

13 Sexual Assault Specific form of assault that involves unwanted sexual attention Three levels of sexual assault Very controversial area of the criminal code- changes are often asked of this area of crime

14 Sexual Assault Level one is similar to level one assault it involves intention unwanted sexual attention Could also involve the victim’s sexual integrity being violated Can include minor physical injury to victim or no injuries at all Max punishment of 10 years Example is a charge for molestation- non-consensual forced sexual behaviour

15 Sexual Assault Level two involves sexual assault with a weapon
Can include an imitation of a weapon or threats or any sexual behaviour that causes bodily harm Max Punishment of 14 years Level Three is aggravated sexual assault. A sexual attack so serious that the victim’s injuries may be life threatening- max penalty of life

16 Consent and Rape Shield
This is simple- there can be no implied consent- No means No and Yes means Yes…end of story Rape Shield- Bill C-49- during a trial the complainant (the person who has made the complaint about being sexually assaulted) cannot have their sexual history cross examined. The defendant would often try and use the past sexual behaviour of the complainant to discredit their testimony

17 Age of Consent 2008- 16 years old is the age of sexual consent
Where this is a person of trust- (coach, doctor, teacher) the age of consent is 18 The Criminal Code also defines “close in age” or “peer group” exceptions: for example a year old can consent to engage in sexual activity with another person who is less than two years older 2005- offence of sexual exploitation- the courts in this case try and determine if a relationship is exploitative depending on various criteria

18 Robbery Illegally taking someone’s property without permission
Robbery must include theft involving violence or threat of violence using a weapon To prove this the victim has to show that they felt threatened and that there were reasonable and probably grounds for fear A finger has been found to be a weapon in robbery cases Max punishment is life

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