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Criminal Law Assignment

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Zainab Rafiq

on 17 October 2013

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Transcript of Criminal Law Assignment

The Criminal Code of Canada
Criminal Law Assignment
By: Amrit, Ghobi, and Zainab
Canadian laws relating to weapons, obscenity, and soliciting
Weapons (Firearms)
-Using a firearm whether or not they mean to cause bodily harm by using firearm
Using an imitation firearm while committing or attempting a crime (s.85)
-Pointing a loaded or unloaded gun at another individual without lawful excuse (s.87)
- Carrying a weapon while the person is attending or on the process of attending a public meeting (s.89)
-Possessing a prohibited weapon (excluding a replica firearm) without being the holder of a license stating they can possess the weapon (s.91)
-Holding a firearm which isn’t his or hers(s.92)
-Manufacturing or transferring or offering to manufacture or transfer a firearm to an individual not authorized to do so under the Firearms Act or any other Act of Parliament(s.99)



Murder Vs. Manslaughter
Murder under section 229 of the Criminal Code is defined as culpable homicide (guilty of killing someone). The murderer of another human being has meant to cause death or fatal bodily harm that is likely to result in death. Whether it is by accident or mistake, if the actions taken are likely to cause death it is culpable homicide. For a list of other criminal offences, culpable homicide is also murder when bodily harm is intended to carry out the primary criminal offence. Even if the murderer stops, if the person dies there from it is considered culpable homicide
First degree Vs Second degree
Murder of the first degree is the murdering of someone that is planned and deliberate. It can be specified into many different types of first degree murder that classify under contracted, hijacking, sexual assault, kidnapping, harassment, terrorism and etc.
Obscenity
Corrupting Morals
Section 163:
• makes, prints, publishes, distributes, circulates, or has in his possession for the purpose of publication, distribution or circulation any obscene written matter, picture, model, phonograph record
• any publication a dominant characteristic of which is the undue exploitation of sex, or of sex and any one or more of the following subjects, namely crime, horror, cruelty and violence, shall be deemed to be obscene
Soliciting
Under the Criminal Code of Canada, prostitution is legal but there are certain situations in which it is illegal. Any person who attempts to pickup another individual from a public area for the purpose of soliciting prostitution is committing an offense.
This is referred in section 121 of the Criminal Code. This helps protect the public’s morals due to prostitution being illegal in the general public.
Crimes of violence
A crime is considered violent when the offender uses either physical violence, or emotional abuse to harass someone or to complete another larger objective. Threats to harm someone is also considered a crime.
Examples:
- Murder & Assault (s.265 + s.268)
-Aiding in suicide (s.241)
-Sexual assault (s.271)
-Threats & Harassment (s.423 +s.264(1))

Property Crimes
When an individual commits a crime that violates the right of a property under the criminal code; includes theft, arson, burglary
Examples
-Theft (s.322)
-Vandalism (S.334)
Definition & History
An act depicting the guidelines of the criminal law of Canada that's responsibility has been allotted to the Federal government
Depending on the severity of the crime, different methods may be used to persecute an individual
History con't
Created by Minister of Justice, Sir John Sparrow David Thompson
Based on a drafted code called “the Stephen Code” by Sir James Fitzjames Stephen who was part of the Royal Commission in England

After the terrorist attack on the World Trade Center on September 11, 2001, the Criminal Code of Canada adjusted and created a whole section labeled “Terrorism” which contains laws to prevent it
Distinguish between crimes of violence, property crimes, and social impact crimes
Aggravated sexual assault = LIFE TIME IN PRISON
Threats can cause fines up to $5000
Social Impact Crimes
Any crime that compromises the common good of society; can be anything with a negative influence on society.
Changes to the sense of security as a result of exposure to something, is a social impact crim.
Examples
-Indecent acts (s.173)
-Loitering (s.175)
-Nudity (s.174)

-Importing or exporting a firearm or any component designed to create a firearm (s.103)
-Losing a firearm or being robbed of his or her firearm and not reporting the loss to a peace officer, firearms officer or a chief firearms officer(s.105a)
- Altering, defacing, or removing the serial number of a firearm (s.108 a)




Laws Protecting Children
General Laws
Increase the maximum penalty for:
1. Child sexual offences
2. Failing to provide the necessaries of life
3. Abandoning a child
Make child abuse aggravating factor and primary consideration for denunciation and deterrence in sentencing for offences
No 12 or 13 year old can be charged under section 151, 153, or 173(2) unless the person is in a position of authority and trust, is in a dependent or exploitative relationship with the complainant

151- Sexual interference
Touches an individual who is under the age of 16 years old for sexual purpose
152- Invitation to sexual touching
Influencing a person under the age of 16 years old to directly or indirectly touch the person
153- Sexual exploitation
Exploiting an individual who is younger and is in a position of trust or authority and is in a dependent relationship
163.1- Child-pornography
Illegal to make, distribute, and possess any child pornography

170- Parent of Guardian procuring sexual activity
Guardians persuading their child who is under the age of 18 to engage in sexual activity
171- Householder permitting sexual activity
Anyone who is an owner or manager of a certain premise, is guilty if he or she allows an individual who is under the age of 18 to be on premises to engage in sexual activity
172- Corrupting children
Everyone who participates in:
1. adultery, sexual immortality, indulges in habitual drunkenness
With a child at home whose safety and morals can be endangered
173- Indecent Acts
Exposing their genital organs in a public area especially in front of an individual the age of 16 or less

218- Abandoning child
Abandoning or exposing a child who is under the age of 10 years to a situation in which his or her life/health is likely to be endangered or permanently injured
241-Suicide
Counselling, aiding, or abetting to commit suicide
486.3- Accused not to cross-examine witness under 18
A prosecutor cannot cross-examine a witness who is under the age of 18 years old unless the judge or justice allows it for the proper administration of justice

Obscure Laws
While in the presence of her majesty, nothing should be done to alarm her majesty - s.49

Illegal to kill a sick person by scaring them - s.228

Illegal to pretends to exercise or to use any kind of witchcraft, sorcery, enchantment or conjuration (s.365)


Manslaughter is the act of murder that is unplanned and not deliberate but rather a result of the heat of the moment due to a sudden provocation. This provocation has to be present enough to take away the individual’s power to control his/herself. Culpable homicide that isn’t murder or infanticide is charged as manslaughter.
Procuring Vs Soliciting
Section 212 of the criminal code discusses procuring. Procuring is the act of obtaining someone as a prostitute for someone else. The difference between procuring and soliciting is while procure is to obtain someone, the criminal code also has a law against the act of trying to obtain someone which is defined by soliciting.
To solicit is to try and obtain someone or something.
The criminal code defines second degree murder as any murder not considered one of the first degree.
Changes in Response to Social Problems
Abortion was illegal in Canada until 1969 and controversy went on to receive more changes in 1988 through the case of Dr. Henry Morgentaler. Section 287 of the criminal code is now dedicated to abortion with no limits on abortion through the nine months of pregnancy.
Impaired driving or drunk driving was also an influence to the criminal code especially through the activities of the lobby group MADD (Mothers Against Drunk Driving).
Gun control has been an evolving issue throughout the twentieth century in Canada and revisions to it in the criminal code were still made very recently. As the formation of the country began so began regulations on firearms that were due to social problems.
Trivia
Name some laws in the criminal code that protect children?

Name some laws to protect individuals from firearms stated in the criminal code?

What is the difference between soliciting?

When was the Criminal Code of Canada enacted?
What are some obscure laws in the Criminal
Code of Canada?
Full transcript