1. Unit 3 Criminal Law
Chapter 4

2. 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

3. 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

4. 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

5. For an act to be subject to criminal penalties
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
Any reform to the Criminal Code must take these conditions into consideration

6. 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

7. 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

8. 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)

9. 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”)

10. The Elements of a Crime Actus 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 mind
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)

11. The Elements of a Crime continued
Mens Rea – guilty mind
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
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

12. 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 Types
Strict Liability Offences
Absolute Liability offences
Case: R.v. Wilson…. Page 111, read and answer questions1-4
Case: R.v. Memarzaheh… Page 111. read and answer questions 1-3

13. Offences without a Mens Rea Continued
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)
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

14. Attempt Conspiracy intends to commit the crime, but fails
actus 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
Conspiracy
agreement between two or more people to commit a crime or to achieve something legal by doing something illegal

15. Parties to an Offence Aiding or Abetting Accessory After the Fact
committing or encouraging (respectively)
Accessory After the Fact
helping someone escape (includes providing food, clothing of shelter)
harbouring a criminal
Excluding spouses