1. Introduction to Criminal Law
CLU 3ER
Lesson 26

2. Introduction to Criminal Law
Learning Goal: understand how criminal law is organized
Open discussion about criminal law
Note and discussion
Is it a crime? activity

3. What is a crime?

4. Why do people commit crimes?

5. What happens after a crime takes place?

6. Criminal Law in Canada
Criminal law is _____________ law that _________________ behaviour that causes injury to __________________ or ____________________
Made by the ________________ government (in Ottawa)
Laws are written in the ________________________________________________________
Contains a description of _________________ and criminal law _____________________

7. Principles of Criminal Law
Presumption of Innocence: the accused is ____________________ until proven _____________
Burden of Proof: it is the ______________ counsel’s (lawyer’s) responsibility to prove that the _________________ is guilty. The _______________ lawyer doesn’t have to prove innocence.
Beyond a Reasonable Doubt: level of _____________ required to convict someone. There cannot be any _______________ in the minds of the _______________ or the ___________. If there is reasonable doubt, then accused must be found ________ _______________

8. Types of Crime Summary Conviction Offences
_____________________ serious offences
No more than _________ months in prison or a ____________
Ex. Public disturbance, driving a vehicle without the owner’s permission

9. 2. Indictable Offences
________________ serious offences
Up to _________________ in prison and larger ________________
Ex. Murder, aggravated sexual assault, arson, cattle theft (yep! 10 years in jail)

10. 3. Hybrid Offences
Can be tried as a __________________________________ or __________________ Offence
__________________ decides
Punishments can be higher than just summary conviction
Ex. Assault causing bodily harm, fraud, pulling a false fire alarm

11. Elements of a Crime
Two essential parts to a crime: _________________ action and _______________intent
Ex. Arson has two parts; actually __________________ the fire and doing it ___________________
Setting a fire by accident may not be a crime

12. 1. Actus Reus Committing the _________________ or failing to act
Ex. A parent failing to provide the basic necessities for their _______________ is a crime
___________________________ an act or omission to act (must be voluntary, on purpose)
___________________________ the outcome must be bad
___________________________ must have been wrongful
___________________________ must be a connection between what the accused did and the bad outcome

13. 2. Mens Rea Intention, knowledge, and recklessness
The accused must have _______________ to cause a ________________ consequence
a) Specific intention:__________________________________________________________
b) General intention:__________________________________________________________
C) Knowledge: __________________________________________________________________
d) Recklessness: __________________________________________________________________

14. Parties to an Offence

15. Aiding
to help someone commit a crime

16. Abetting to encourage someone to commit a crime To be proven:
i) the accused had knowledge that the other was planning to commit a crime
ii) must actually help or encourage the other
Just being at the scene of the crime isn’t enough
However, under Section 21 (2), someone who plans a crime is held just as guilty as the person who commits the crime
Urging or suggesting that someone commit a crime can receive the same penalty as actually attempting it!

17. Accessory after the Fact
Helping a criminal escape detention
Includes providing food and shelter
Only exception is when you are helping your legally married spouse and someone escaping with your spouse
Dates back to traditional idea of a wife being one with her husband
Some argue that this doesn’t reflect current values and should be changed