Law 12 Chapter 6

 Is the body of laws that prohibit and punish acts that injure people, property, and society as a whole.  The main purposes are to:  Protect people and property  Maintain order  Preserve standards of public decency Criminal Law

 The Criminal Code of Canada is a federal statute.  The Code contains:  The listing of the offences  The sentences to be imposed  & the procedures to follow when trying those accused of a crime  The Criminal Code is ever changing as it reflect the importance of society  Sexual offenders  Hijackings  Computer crimes  Death sentence

 Before 1867 each province had their own criminal laws  Constitution Act, 1867, granted the federal government the power to make criminal laws.  Criminal Code of Canada, 1892 was passed.  Called a “code” because it contained  Crimes &  Crime – law procedures  Code has been amended every year since.  Reformed in 1955, taking it from 1100 sections to 753 sections  Other federal law contain criminal codes  Income tax act  Food & drug act  Customs act

 The authority for administering criminal justice system is shared between the federal and provincial governments (federal still makes the laws)  Provinces  appoints their own judges  Pay for and administer their own provincial court system  Provinces can pass laws under their jurisdiction  Traffic and liquor regulations  Provinces may pass jurisdiction to municipalities  These laws are not considered criminal laws but quasi-criminal laws, most often punishable by fines

Actus Reus + Mens Rea = Crime

Actus Reus: “the guilty act”, the physical act, voluntary action, omission, or state of being that is forbidden by the Criminal Code. -In most cases the act must be fully completed to qualify as an offence. -The failure to do something can be considered a wrongful act under the Criminal Code, an omission. As a member of society you have a responsibility to act within the law. ≠

Mens Rea: “The guilty mind”, the criminal act was knowingly or recklessly committed. A deliberate intention to commit a wrongful act, with reckless disregard for the consequences. -Ignorance of the law is not an excuse for breaking the law. -Nor is the idea of “not meaning” to commit an illegal act. As a member of society you have a responsibility to act within the law, and a duty to foresee the consequences of his or her actions.

 Intent: a state of mind in which someone desires to carry out a wrongful action, knows what the results well be, and is reckless regarding the consequences.  General Intent: the desire to commit a wrongful act, with no ulterior motive or purpose.  Specific Intent: the desire to commit one wrongful act for the sake of accomplishing another

 Motive: the reason a person commits a crime.  Intent and motive are not the same  Knowledge: an awareness of certain facts that can be used to establish mens rea

 In some cases mens rea can exists where negligence, recklessness, or wilful blindness is shown.  Criminal negligence is where one  In doing anything, or  In omitting to do anything that it is his/her duty to do, shows wanton or reckless disregard for the lives or safety of other persons.  Recklessness is consciously taking an unjustifiable risk that a reasonable person would not take.  Wilful blindness is a deliberate closing on one’s mind to the possible consequences of one’s actions