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Transcript of Criminal Law
Action must harm other people
Action must violate basic values of society
Using the law to deal with the action must not violate basic values of society
Criminal law can make a significant contribution to resolving the problem
13% violent incidents
(9% robbery, 65% level 1 assault, 15% level 2 and 3 assault, 8% sexual assault, 3% other)
34% other criminal code incidents
Types Of Offences
By Christine Banzon and Jenny Chen
- someone who helps the criminal escape detention or capture
- by providing food, clothing or shelter to the offender
- the wrongful deed/ action
- the thought
- involving the mind
- intent to commit a crime, but fails
- intent must be proven
- when the first step is taken
- agreement between two or more people
- to commit a crime or achieve something legal by doing something illegal
- jokes/ threats are not considered as conspiracy
Elements of a Crime
In an incident where stabs a person out of anger, the
is the actual stabbing.
- real, true purpose of the act
- based on facts
- reason for committing a crime
- does not establish the guilt
- circumstantial evidence
- careless disregard for the possible results of an action
- intent is limited to the act itself, no other criminal purpose in mind
- when there is further criminal purpose in mind
If someone was stabbing someone, the specific intent could be that they were stabbing someone to steal their purse.
If someone was stabbing someone and stopped there, then it is general intent. They had no other intention but to stab the person.
- when the guilty knows certain facts but still continues on with the crime
If Bob pushes Lingling off a building even though he knows that it is 30 floors high and would kill her.
Bob's motive for pushing Lingling was because he wants her job position.
If Gretchen chooses to drink and drive even though she knows she could potentially harm or kill other people.
- only necessary to prove that the offence was committed
- can put forward
- the accused took reasonable care not to commit the offence or honestly believed in a mistaken set of facts
- crown does not have to prove mens rea
- no possible defence
- due diligence is not accepted
Bob's attempt to push Lingling off the building started when he invited her to drink coffee at the rooftop.
Tom conspired with Bob when he locked the door so Lingling can't escape the rooftop.
Parties to an Offence
- help someone
commit a crime
someone to do
- accused must have knowledge
that the other person intended
to commit the crime
- accused should have done the act
(either helping or encouraging)
- presence at the scene is not
After The Fact
* Exception: favoured relationship
between a legally married couple
- can't be held responsible for helping
Killing another human being directly or indirectly
deserving of blame, such as murder, manslaughter, infanticide
-Murder is planned and deliberate
-Victim is a law enforcement victim (ex police)
-Death occurs while another offensive crime is being committed
(ex sexual assault, hijacking an aircraft, kidnapping, confinement)
-does not fit into any of the first degrees categories
however is still intentional murder
Bill fires at tom with the intent to kill, but accidentally shoots Luke instead. Although Bill did not intent to kill Luke, he is still guilty of murder.
causing death of a human by means of unlawful act
Tammy loses control of her car while speeding and kills a pedestrian.
not criminal, and occurs when death is caused by complete accident of self defense
Voluntary Euthanasia vs Involuntary Euthanasia
Killing of a newborn by his/her mother
mercy killing, one person acts to end another's life
Voluntary: A patient at the hospital expresses a wish to die,
due to her terminal cancer, and the doctor ends her life.
Involuntary: A patient at the hospital is in a coma and perhaps does not wish to die,
but the doctor still ends his life.
-Applying intentional force to another person without consent
-Attempting or threatening to apply force
-Approaching or blocking the way of another person, or begging, while openly wearing or carrying a weapon/imitation weapon
-Harmful words do not equal assault, there must be action involved
Example: A stranger on the street pushes or shoves someone out of the way.
-Assault causing bodily harm
-Bodily harm is defined as anything that interferes with victim’s health or comfort
-Weapon is involved
Example: Max is beaten with a baseball bat and receives many bruises.
-victim is maimed, disfigured, wounded, or life is endangered
Example: Trina has acid thrown on her which scars her face.
3 levels of sexual assault, which parallel the 3 levels of assault except it occurs in relation to sexual conduct
Other Sexual Assaults
-touching (for sexual purposes) the body of a
person under the age of 14
-counseling, inviting, or inciting a someone to touch
another person’s body
-to commit bestiality or force someone
to commit bestiality
-to commit an indecent act in a public place
-exploiting sexually a mentally or physically
Aggravated sexual assault
- most severe form of sexual assault, involves sexual assault that wounds, maims, disfigures, or endangers the life of the victim
- often an issue in sexual assault trials, due to the fact it’s hard to prove whether consent was given
-however consent is not a defense if the victim is under 14 years old unless the accused is less than 3 years older than the victim
Ben knows Linda goes to the market every Sunday at 12pm, when he is finally ready to kill, he waits at the market for her, lures her into his car, and murders her while he's driving.
Henry is talking to his boss about his wage. He wants a raise but his boss refuses to give it to him. Out of anger, Henry strangles his boss and kills him.
The forcible removal of an unmarried person under the age of 16 from the care of their guardian
- when a custodial parent refuses to give access to a child according to the terms of agreement, or when a non custodial parent runs away with child during a time of access
*when a child prefers to live with non custodial parent then not considered an offense
-phrases such as “empty your till” or “this is a hold up” are considered threats of violence
-theft involving violence, threats, assault, or the use of offensive weapons
Intentional or reckless causing of damage by fire or explosion to property, whether the offender owns the property or not
-if a person’s life is harmed in the process, maximum penalty is life imprisonment
-if there is no danger to life, maximum penalty is 14 years in prison
-to set off a false fire alarm is a hybrid arson offense, maximum penalty of 2 years
- minor criminal offences
- can be arrested and summoned to court without delay
- maximum penalty: $2000 and/ or 6 months in jail
-act must be fraudulent, meaning that the person who is stealing must have intended to do something wrong
-the person taking the item must not have any colour of right (having a legal right to the item)
-the accused must have an intent to deprive the owner of the item or convert it to his/her own use
-penalty if stolen item is worth under $5000 is a maximum of 2 years in prison
-penalty if stolen item is worth over $5000 is a maximum of 10 years in prison
Break and Enter
-entering a residence or other enclosed property through the slightest amount of force (even pushing open a door), without authorization
-possessing housebreaking, vault breaking, or safe breaking tools is an offense if circumstances indicate that the owner possesses those tools for the purpose of breaking in
making false statements to obtain credit or a loan
a representation of a matter of fact either present or past that is known by the person who makes it to be false
- serious crimes
- more severe penalties
- maximum penalty: life imprisonment
- trial judge decides actual penalty
- can be in summary or indictable
- can be a mixed of both
Criminal Court System
Supreme Court of Canada
-highest appeal court in Canada
-unlimited jurisdiction in criminal matters
-hears appeals from provincial appeal courts
-hears cases of national importance
-sets national precedent
Provincial Supreme Court of Appeal
-hears appeals from the Trail Division of Provincial Supreme Courts
-sets province's precedent
Provincial Supreme Court-Trial Division
-tries severe crimes such as manslaughter, murder, treason
-hears criminal appeals in summary conviction cases
-sets province's precedent
Provincial Courts-Criminal Division
-arraigns all criminal cases
-holds preliminary hearings in most severe indictable offences
-hears and tries criminal summary conviction cases and least serious offences such as theft under $5000
-an action taken for political, religious, or ideological purposes, and intimidates the public or compels government to do something by killing, seriously harming or endangering a person/causing substantial property damage
-it's an offense to knowingly provide or collect funds to carry out terrorist crimes
Indictable offense - 10 years
Criminal harassment (stalking)
-it's an offense to repeatedly communicate with/follow another person or their family members causing them to reasonably fear for their safety
Hybrid offense-5 years
-the deliberate destruction/damaging of property
Indictable offense-life imprisonment (if dangerous to life)
Hybrid offense-10 years