Group Activity: Working in Groups of 4 (not with the people you worked with yesterday) share your Criminal Case Analysis with your group members.

The Criminal Code The Canadian Criminal Code is a Federal Statute that reflects the social values of Canadians. Because Criminal law is Federal law, the offences are treated identically across the country. The Criminal Code is the main body of Criminal law and identifies hundreds of acts considered criminal.

Criminal Law Key Terms Attempt: Intending (mens rea) to commit a crime, taking the first steps to commit a crime, but failing to do so. The judge must decide when the preparation stages has ended and the attempt stage has begun Conspiracy: Agreement between two or more people to commit a crime or to do something illegal. People can be charged regardless of whether they carry out the crime.

Criminal Law Key Terms Aiding: Helping someone to commit a crime. Requirement that the accused had knowledge that the other person intended to commit the offence, and that the accused actually helped or encouraged the person to commit the offence

Criminal Law Key Terms Abetting: Encouraging someone to commit a crime. This also includes suggesting (counsel) or inciting (urging) someone to commit a crime. Requirement that the accused had knowledge that the other person intended to commit the offence, and that the accused actually encouraged the person to commit the offence. * A person who aids or abets is just as guilty as the person who actually commits it.

Criminal Law Key Terms Accessory after the fact: helping a person escape criminal detention or capture ( providing food, shelter, clothing) this excludes helping a spouse

The Criminal Code Pgs: 126-133 and 136-141 Qs: 1-13 on Pgs. 141-142 Qs 8 and 9 can go together Focus on proper terminology Ignore the cases for now

Question #1 What constitutes a violent crime? Any offence that harms the human body. Examples: Robbery Abduction Murder (homicide) Assault Sexual Offences

Question #2 Distinguish between culpable and non-culpable homicide. ‘Culpable’ refers to crimes where blame can be attributed to someone. First or second-degree murder ‘Non-culpable’ refers to crimes where blame cannot be attributed to someone. Acting in self-defence or an accident

Question #3 Identify the mens rea and actus reus of murder. Actus Reus …the act which resulted in death Mens Rea What was the level of intent to kill? (Ex: was it intentional and planned .vs. was it unintentional and unplanned)

Question #4 First-degree is: Planned and deliberate or; Distinguish between first and second degree murder and describe penalties for each. First-degree is: Planned and deliberate or; Against a law enforcement official or; Caused while committing another crime or; Committed using explosives to commit another offence or; Committed while committing or attempting to commit an event that could also be considered a terrorist activity…

Question #4 Cont’d Second-degree is ALL other murder (including manslaughter)… The minimum penalty is life in prison (Life = 25 years to life, with a minimum of ~10 years to be served.)

Question #5 Identify the mens rea and actus reus of manslaughter …the act which resulted in death Mens Rea …the recognizing of the fact the unlawful act could harm or kill the victim. SAVE FOR: INTOXICATION OR PROVOCATION (Next slide)

Question #6 Under what circumstances could a charge of murder be reduced to manslaughter? Reduction of a first-degree charge to manslaughter if: Provocation: Provoked into a “heat of the moment crime” or in a state where they’ve lost “self-control”…. Intoxication: Drunk or under the influence to the point the mental state of the accused is altered/cannot be proven…

Question #7 Identify the factors that must be present for a culpable homicide to be considered infanticide. There must be some suffering of mental illness (ex. Postpartum depression) or disturbance linked to child birth…

Question #8 AND #9 Distinguish among the three levels of assault Distinguish among the three levels of sexual assault Level 1 – Hybrid offence, carries max. of 5 years. Touching without consent or threatening a person with violence. (Sexual = in relation to sexual contact) Level 2 – Assault with a weapon or causing bodily harm, injuring a person in a way that has serious consequences for the victim’s health or comfort. (Sexual = in relation to sexual contact) Level 3 – Aggravated assault, which involves wounding, maiming, disfiguring or endangering the life of the victim. (Sexual = in relation to sexual contact)

Question #10 In what situations is consent not a defence to sexual assault. Consent cannot be a defence when: Consent is given by someone other than the “complainant”… The complainant cannot consent on their own… In issues of a power hierarchy… Conduct or words used to deny consent…. The complainant does not consent to furthering physical contact…

Question #11 Distinguish between abducting and enticing Abduction refers to physically taking an unmarried person, under the age of 16, from the care of a parent… While enticing refers to the refusal of access…or a non-custodial parent leaves with a child during a time of access…

Question #12 Describe four separate offences that pertain to sexual intercourse involving persons under the age of 18 Offences related to those under the age of 18 include: Procure: Obtain someone for sexual activity Permit: Sexual activity or, the resorting to, sexual activity Participate: In adultery, habitual drunkenness, or any other “vice” > > > immoral behaviour

Question #13 Describe the elements of robbery Robbery includes theft involving violence or theft involving the threat of violence, assault or the use of offensive weapons. With the threat of violence, the Crown must show the victim was legitimately fearful based on the threat…

Subjective Foresight: There are two types of intent: Direct and Foresight Direct is where the “consequences of a person's actions are desired.” Foresight intent covers situations where the “consequence is foreseen by the defendant as virtually certain, although it is not desired for its own sake, and the defendant goes ahead with their actions anyway.” (For a Civil comparison, see Pg. 342)

Criminal Code Case Studies: 1st - > > > R. v. Martineau (Pg. 129) 2nd - > > > R. v. Charemski (Pg. 130) 3rd - > > > R. v. Parent and R. v. Thibert (Pg. 131-132) 4th - > > > R. v. Cuerrier (Pg. 138)

Criminal Code Case Studies: [1 group x 3 people] > > > R. v. Martineau (Pg. 129) XXX Case of a break-and-enter and murder charge.

Criminal Code Case Studies: [2 groups x 3 people] > > > R. v. Charemski (Pg. 130) XXX Case of Charemski’s wife’s murder

Criminal Code Case Studies: [2 groups x 3 people] > > > R. v. Parent and R. v. Thibert (Pg. 131-132) XXX Cases of provocation and self-defence

Criminal Code Case Studies: [2 groups x 2-3 people] > > > R. v. Cuerrier (Pg. 138) XXX Case of assault/aggravated assault

Task In class: For homework/balance of today’s class: Complete the case study, including all questions. Your group can assign a reader, recorder and presenter. Your (group) will be responsible for leading the review of the questions and answers for your case in front of the class; you do not need to include a recap of the case. For homework/balance of today’s class: Read the additional three (3) cases studies you did not work on in class. You do not need to record answers to the questions – another group will present them next class…

Table Groups: TBD

At Your Table: R. v. Martineau: Address Q. 2 on Pg. 129 R. v. Charemski: Address Q. 3 on Pg. 130 R. v. Parent/R. v. Thibert: Address Q. 6 on Pg. 132 R. v. Cuerrier: Address Q. 2 on Pg. 138