The Nature of Crime

Defining Crime and Criminal Offenses In general, four conditions must exist for an act or omission to be considered a crime. 1.The act is considered wrong by society 2.The act causes harm to society in general or to those (such as minors who need protection. 3.The harm must be serious 4.The remedy must be handled by the criminal justice system.

Criminal Law Criminal law is the body of laws that prohibit and punish acts that injure individual people, property, and the entire community. The main purposes of criminal laws are to: Protect people and property Maintain order Preserve standards of public decency.

The Criminal Code The Criminal Code of Canada is a federal statute that contains the majority of the criminal laws passed by Parliament. It lists not only the offenses but also the sentences to be imposed and the procedures to follow when trying those accused of the crimes.

History of the Criminal Code Before Confederation in 1867, each province was responsible for creating its own criminal laws. It was inherited from Great Britain. After Confederation a single uniform set of criminal laws for the entire country was established. It would eliminate some of the confusion and unfairness that existed at that time.

Provincial Jurisdiction The provinces have the power to pass laws on matters that fall under their jurisdiction, such as traffic and liquor regulations. Technically, laws passed by provinces or municipalities are not considered criminal laws but quasi-criminal laws. These laws generally cover less serious offenses, and the usual punishment for breaking them is paying a fine

The Elements of a Crime Actus Reus- means “the guilty action” in Latin. It refers to the physical act involved in committing the offence described by the criminal law. Examples? R. v. MacGillivray (boating accident)

Mens Rea Mens rea is the second element that, in most cases, must be present with actus reus for a criminal offence to be commited. In Latin, the words mens rea mean “the guilty mind”; the term implies moral guilt- that the accused person deliberately did something he or she knew to be wrong with reckless disregard for the consequences.

Intent To say that a person had the intent to commit a criminal act means that he or she meant to do something wrong, was reckless regarding the consequences, and knew or should have foreseen the results of the wrongful act.

Canada: 2 kinds of Intent 1.General intent: means that a person commits a wrongful act for his own sake, with no ulterior motive or purpose. (ex. Hitting someone because you are mad at them) 2.Specific intent: applies when someone commits one wrongful act for the sake of accomplishing another (ex. Hitting someone because you want their money)

Motive A motive is the reason a person commits a crime, while intent refers to that person’s state of mind and willingness to break the law. Give examples of motive and intent. Try to distinguish between the two.

Knowledge In some cases, the Crown can establish mens rea by showing that the accused had knowledge of certain facts. Forged documents, or counterfeit $$$ How could you prove mens rea?

Criminal Negligence Everyone is criminally negligent who: 1.In doing anything, or 2.In omitting to do anything that it is his/her duty to do, shows wanton reckless disregard for the lives or safety of other persons. Ex: leaving a loaded weapon laying around.

Recklessness The Crown can establish mens rea by proving that the acused demonstrated recklessness Recklessness involves consciously taking an unjustifiable risk that a reasonable person would not take. Example: Need glasses to drive, don’t have them and drive anyways causing a major accident/damage/bodily harm.

Wilful Blindness Wilful blindness involves deliberately closing your mind to the possible consequences of your actions. You are considered wilfully blind when you are aware of the need to make an inquiry but fail to do so because you do not wish to know the truth.

Mens Rea requires one or more of the following. Intent Knowledge Criminal Negligence Recklessness Wilful Blindness

Strict and Absolute Liability For some less serious offences, the Crown does not have to establish mens rea to win a conviction. Such offences are often against regulatory laws Regulatory laws are federal and provincial statutes meant to protect the public welfare. Examples environmental protection, workplace safety, traffic offences such as speeding.

Liability Categories Offences that do not require mens rea can be grouped into two liability categories: Strict liability offences Absolute liability offences What do you think each term means?

Strict liability offences where the accused may acknowledge that the offence took place but then offer the defense of due diligence, which means that he or she took every reasonable precaution to avoid committing the offence in question. Environmental pollution is usually a strict liability offence. Example, Acme Waste Disposal Company page 150

Absolute liability offence There is no defense possible. Once the Crown has established that the offence took place and the accused was responsible for it, the court must find the accused guilty. Driving without a license or exceeding the speed limit are examples of absolute liability offences. There is no imprisonment for these offences and the penalty is usually a fine.

INVOLVEMENT IN A CRIME Many crimes are not the work of just a single person A successful bank robbery rarely only has one person behind it. (Why?) A violent crime such as murder, muggings or vandalism often have more than a single person involved. How do we distinguish between the criminals?

The Perpetrator. The perpetrator is the person who actually commits the criminal offence. When more than one person is directly involved in committing a crime, they are called “co-perpetrators.” Example: Bank robbers, one vs. two

Aiding Parties to an offence are linked to the crime because they have somehow assisted the perpetrator, the person who actually committed the crime. In criminal law, aiding means helping a perpetrator commit a crime. To aid the perpetrator, one does not have to be present when the offence is committed.

Abetting Abetting means encouraging the perpetrator of a crime without actually providing physical assistance. Example: Encouraging someone to assault someone continually. Is this fair? Why?

Counselling The crime of couselling involves advising, recommending, or persuading another person to commit an offence. As with aiding, a person who counsels does not have to be at the scene of the crime to be guilty. Persuade a friend to steal something from their work and how they should do it would fall under this category

Accessory After the Fact A person is considered to be an accessory after the fact if he or she knew that someone was involved in an offence and received, comforted, or assisted that person in escaping from the police. Example: Harbouring a fugitive R. v. Ford page 154

Party to Common Intention When two or more people set out to commit a crime and, in the process, end up committing several additional crimes. They share the responsibility for the crimes and this is known as party to common intention Example: If six people hijack a Brinks van and one of them shoots and kills the driver, all six can be charged with murder

Incomplete Crimes Criminal attempt is when a person is unsuccessful in the commission of a crime. This means that he or she had the intent to commit the crime, but for some reason, failed to carry it through. To prove someone guilty of a criminal attempt, all the Crown has to show is that the accused had the necessary intent and took some obvious steps toward committing the crime. Example: terrorism

Conspiracy Conspiracy is an agreement between two or more people to perform an illegal act. It does not matter whether the act is actually carried out.