Criminal Code Offences

Introduction The Criminal Code outlines clear and concise definitions of what a criminal offence is. It establishes a range of punishments the judge can impose when a person is convicted. The courts MUST interpret the facts based on the case before them.

Violent Crimes

Violent Crimes Violent crimes include offences against the person and reputation. Inc. crimes that are violent in nature and cause harm to the human body. Also inc. crimes that promote hatred. We will focus on SIX key areas: Homicide Assault Sexual assault Other sexual offences Abduction Robbery

Statistics

Homicide Homicide  the killing of another person, directly, or indirectly. Culpable Homicide  blamable or criminal homicide. Cause the death of someone else, on purpose or because of recklessness. Non-culpable Homicide  homicide for which a person will not be held criminally responsible. NOT an offence. Death was result of accident, lacks intent or blame.

Murder Murder  Intentional homicide. First Degree Murder  The MOST serious form of homicide. Only occurs if one of the following exists: Planned or deliberate. Victim is a law enforcement agent. Death occurs while another crime is being committed. Second Degree Murder  Murder that DOES NOT meet the conditions of First Degree.

Punishment First Degree Murder: Life in prison – not eligible for parole for 25 years – when released on parole for the rest of their lives Second Degree Murder: Life in prison parole eligibility established by the judge at sentencing (10 -25 years)

Discussion Questions: Should we simply have one category for murder? Explain. Should we change the eligibility for parole for these crimes? Explain. From 1961-1976, people given a life sentence spend 15.8 years on average in prison before they were paroled. Since 1976, this average has increased to 22.4 years in prison. What do you think is the appropriate average? Explain.

Manslaughter Manslaughter  Causing the death of a person, directly or indirectly, by means of unlawful act. Requires on general intent. Sometimes people charged with murder are convicted of manslaughter. Accused successfully uses one of two defences: Provocation Intoxication

Discussion Questions Murder can be reduced to manslaughter if the accused was: in the “heat of passion caused by a sudden provocation” Intoxicated and unable to form the intent to commit the crime Is it appropriate to allow a defendant these defences? Explain. Why do you think they are in place?

Discussion Questions Infanticide is the killing of a newborn child by his/her mother. If the mother is suffering from Post partum depression or other psychological problems, the maximum penalty is 5 years in prison. Is this an appropriate penalty for this crime? Explain.

Cases R. v. Charemski (page 130) R. v. Parent (131-2) R. v. Thilbert (131-2) Read the cases above in your textbook with a partner. If you were a member of the jury, would you find them guilty or innocent of murder? Explain.

Assault In Canada there are THREE levels of assault, based on the level of severity and corresponding penalties: Level One: assault Level Two: assault causing bodily harm Level Three: aggravated assault All assaults have two common elements: Accused must have intent to carry out attack and cause harm. Must be no consent by the victim.

Assault – Level One Level One: Applying intentional force to another person without that person’s consent (punching, grabbing) Attempting, or threatening, by act or gesture, to apply force (waving a fist at someone you intend to hit) Approaching or blocking the way of another person (aggressive panhandling)

Assault – Level Two Level Two Physical attack with a weapon, such as a knife or bat. Usually causes bodily harm which requires medical attention. Interferes with the victims medical health Carries a MAX penalty of 10 years.

Assault – Level Three Level Three Most severe. So severe injuries may threaten the life of the victim. Committed if person wounds, maims, disfigures, or endangers life of victim. Carries a MAX of 14 years.

Sexual Assault Specific form of assault, involves any form of unwanted sexual activity. Occurs when consent is NOT given. Mirrors three levels of assault, however, if in the process of a level two assault, it becomes a level three assault, the MAX penalty is life imprisonment. Less than 10% of sexual assaults get reported to the police.

Abduction Involves capturing and carrying off a person by force, against his/her own will. Similar to kidnapping. The illegal, forced removal of a child from the custodial parent. Abduction by parents is rising steadily! 66% by parents 25% by strangers 9% other Anyone found guilty of child abduction can be imprisoned for up to 10 years. RAPID RESPONSE IS CRUCIAL

Robbery Robbery  theft involving violence or threats of violence. Must prove that the victim felt threatened and that there were reasonable and probable grounds for the fear. Life imprisonment! This reflects society’s revulsion for criminals who steal using violence.

Property Crimes

Property Crimes At one time, protection of property was one of the most important functions of criminal law. That is why death was a common punishment until about 100 years ago. Property (such as livestock) was so important to livelihood, that it demanded such harsh punishment! There are FIVE major property crimes: Arson Fraud Possession of stolen goods Various types of theft identity theft! Break and enter

Other Crimes Firearms Street racing Prostitution Obscenity Terrorism Words, images or actions that go against moral values child pornography Terrorism Criminal harassment stalking