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CRIMINAL LAW

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Jiyoon Chang

on 7 December 2013

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Transcript of CRIMINAL LAW

CRIMINAL LAW
By Jiyoon Chang and Chantel Dong
Criminal Action Criteria
In order for an act to be subject to criminal penalties, these following conditions must exist:
- Action must harm other people
- The action must violate the basic values of society
- Using the law to deal with the action must not violate the basic values of society
- Criminal law can make a significant contribution to resolving the problem

Types of Offences
Summary
EXAMPLE
A thief breaks into a house to steal all the jewelery. However, the thief gets caught by the owner of the house in the middle of his action, therefore attacks the owner and stabs him.
Minor
Accused can be arrested and summoned to court without delay
Maximum penalty (
$2000 , 6 months jail , or $2000 and 6 months jail
)

This situation:
- harms a person
- violates the values of society
The thief can face penalties under the law.

Procedures
-Accused must be charged within 6 months of committing an offence

-Provincial court judge hears evidence and gives verdict

Elements of a Crime
Actus Reus

- means “a wrongful deed"

- accused must have committed a crime through their actions
Indictable
Serious crimes
No time limit for laying charge
Minor indictable offences treated like summary


Mens Rea
- means “a guilty mind"
-accused must have intended to commit the offence
A man smashes the windows of someone's house and enters it.
Example
INTENT
is based on the facts and on what a person would be thinking under the circumstances
Hybrid
General Intent
The intent is limited to the act itself and person has no other criminal purpose in mind
Could belong to either category of offence
(Summary or Indictable)
Crown attorney has right to proceed summarily
Example
Only has planned to break the windows of a car, no more than that
Specific Intent
The person committing offence has further criminal purpose in mind
Example
Criminal Code Incidents
(1) Plans to break the windows of the car and (2) also decides to steal money and other personal belongings that is left inside the trunk
24 million criminal crime incidents
Property 83%

Other Criminal Code incidents 34%

Violent incidents 13%
-Robbery 9%
-Assault, level 1 65%
-Assault, level 2 & 3 15%
-Sexual assault 8%
-Other violent crimes 3%

Violent Crimes
Robbery

Taking property of others using force and fear
When Crown is basing its case of threat of violence, victim must prove they were threatened and had fear
Penalty up to life imprisonment
is knowing the fact that it is unlawful to do something, but chooses to ignore it
Knowledge
Example
"Every person who uses a credit card knowing that it has been revoked or canceled is guilty"
Motive
is the reason for committing an offence.
It is the wilful desire and purpose.
motive may be used as a circumstantial evidence
it is possible for a person to have a motive and not commit an offence
Recklessness
is the careless disregard for the possible result of an action.
the person at fault may not have intended to hurt anyone
Strict liability
vs.
Absolute liability
strict liability
is proving that the offence was committed without having to show how or why
- the accused can forward the defence of due diligence
Absolute liability
does not allow the accused to defend themselves and that they are free of fault
Attempt
Attempt
is When a person intends to commit a crime but fails to succeed
if Crown is unable to prove that offence was committed, the accused may be convicted of attempt
Conspiracy
- an agreement between
two or more people
to commit a crime

- achieve something legal by doing something illegal
Parties to an Offence
Abduction
Forcible removal of unmarried person under age of 16 from parent, guardian, or person who has lawful care of child
Other Sexual Assaults
Sexual Assault
3 levels
Relevant factors:
body part touched
nature of the contact
situation that it occurred
words & gestures accompanying act
other circumstances surrounding act
threats
if there was force
Assault (
1st level
)
Same

as assault
, but in a
sexual matter:

Aggravated Sexual Assault
Most severe
Wounds, maims, disfigures, or endangers the life of complainant
Consent
cannot be used as defence
Penalty: maximum life imprisonment

Consent
Consent
cannot be used as defence where victim is under 14 years
(unless accused is less than 3 years older than victim)
Difficult to determine if consent is given

Example:

12 year old child is sexually assaulted by her stepfather that is 40 years old
Assault
- 3 levels
- Intent is a key element in all levels
- No assault if no intent


Aiding vs. Abetting
Aiding
Aiding is to help someone commit a crime
Abetting
Abetting is to encourage someone commit a crime
person who plans an offence is as guilty as person that actually commits it
- even if the group does not carry out the plan, they agreed to conspiracy

- all people involved must be serious in their intention to commit the crime

- jokes or threats are
not
conspiracy
Aiding + Abetting
accused had knowledge that other person intended to commit offence

accused helped or encouraged the person to commit offence

Example:
Jane urges her friend Kate to snatch the wallet out of a woman’s hand on the streets. Jane will receive the same penalty as Kate who has attempted the offence.
Accessory After Fact


helping someone includes providing food, clothing, or shelter to the offender
Accessory After Fact
is someone who helps
a criminal escape detention or capture.
Who is Excluded?
A man or woman that assists their spouse
in the escape.

They are not held responsible!
Examples: Nudity, Loitering, Trespassing at night
Serious indictable offences


Maximum penalty: life imprisonment

Accused allowed to choose trial procedure:
provincial court judge, higher court judge, or a judge & jury
Example:
manslaughter, assault, sexual assault, weapon offences
Most Serious:

murder, treason, piracy, bribing a judicial official
Theft involving violence or threat of violence, assault, or use of offensive weapons
Example
Person goes into 7-eleven and demands cashier to empty their till while pointing a gun
Separate Offence

Enticing, concealing, detaining, receiving, or habouring a person under age 14 by anyone other than the parents or guardian
Enticing
Occurs when:
-a parent with custody of child refuses to give access to a child according to the terms of an agreement
-a non-custodial parent detains or runs away with the child during their time with them
bestiality
Knowingly permit person under 18 years on premise for sexual activity
Commit an indecent act in public
Nude
Incest

This law protects the young from being pressured into sexual relationships with older people
Other Offences
It is an Offence to:
Bodily Harm
anything that interferes with victims health or comfort
Homicide
Homicide
is directly or indirectly killing another human
-it is an offence if it is deserving of blame
Culpable
-murder
-manslaughter
-infanticide
Non-Culpable
-Accident
-Self-defense
Murder
First Degree
Occurs if any exists:
Planned and deliberate
Victim is a law enforcement agent
Death occurs while another offensive crime is being committed
Murder caused while committing or attempting to commit an offence
Murder committed while using explosives
Murder committed while committing/attempting to commit an indictable offence
Example:
Someone kills a police officer

Second Degree
-Intentional
-Does not fit into any of the first degree murder categories
-10 year imprisonment
Example:
A man accidentally fires his gun and kills the person standing next to the person he intended on killing.
(no assult if it's due to carelessness or reflex)
Manslaughter
Directly/indirectly causing death of a human by an unlawful act
Jane looses control of her car while speeding, resulting in killing a pedestrian that was crossing the road
Infanticide
-Killing of newborn by mother

-Infanticide charge means accused has not yet recovered from the effects of childbirth
Recovering from effects of birth
Suffering from depression
Suffering from mental disturbance
Example:
Mother of child does not feed the newborn which results in starvation of baby
Property Crimes
Intentional/recklessness causing damage by fire or explosion
Arson

Example:
Man throws a bomb in the front yard of a house
Theft
Each element proven:
Act must be fraudulent
Person taking item must not have any colour of right to it
Accused must have intent to take item or convert it to their use
Break and Enter
Serious offence

Fraud
False representation
of matter that is known by person who makes it to be false
Made with
intent
Other Crimes

Criminal Harassment
Prohibits anyone from continually communicating with or following (stalking) another person or anyone known to that person
Mischief
The destruction, altering, or damage of property
Euthanasia
Mercy killing to end another person's life
Voluntary Example:
Claire has terminal cancer and expressed a wish to die

Involuntary Example:
Drew has terminal cancer, but does not wish to die
Example:
Participating in the destruction of an abandoned building
Terrorism
offence under one of the UN anti-terrorism conventions and protocols
seriously harms or endangers a person
disturbs an essential service, facility or system
Example:
*impose a less severe punishment or proceed by indictment
Penalty: couple of months
In 2000
Parallels the 3 levels of assault

Level
3
Aggravated Assault
-Most severe form
-Committed if a person wounds, maims, disfigures, or endangers life of victim


Example:
Person strangles the neck of another person
Level
2
Assault Causing Bodily Harm
Committed by anyone who carries, uses, or threatens to use a weapon or imitation of a weapon or causes bodily harm
Level
1
Assault
Consist of any of the following actions:
-
intentional force to another person without consent
-
Attempt or threaten by act or gesture
-
Approach or block the way of others

-
Harmful words do not equal assault
Words + gestures = assault


Example:
Someone beats another person with a baseball bat resulting in bruises
Example:
A boy is waving a fist and saying I am going to be belt you
For example
applying intentional force to another person
attempt of threat by act to apply force
approaching or blocking way of another person

Offence exists if person is in a position of trust of authority towards a person 14-18 years or victim is in a relationship of dependency with accused
Is an offence to:

touch person under age 14 for sexual purposes
invite, counsel, or incite person to touch for sexual purposes
No danger to life=
maximum 14 years imprisonment
Harm to others=
maximum life in prison
Penalty
BREAK

external/internal break of any part
open anything that is used or intended to cover an opening

ENTER

-any part of body or any part of instrument used enters property of others
Terrorism:
for political, religious or ideological purposes
Theft under $5000:
-hybrid offence
-max penalty of 2 years
Theft over $5000:
-max penalty of 10 years
Criminal Court System/Levels
Supreme Court
highest appeal court in Canada
deals with criminal matters
hears appeals from provincial appeal court
sets national precedent
decision followed by all judges in court of Canada
Provincial Supreme court of Appeal
hears appeals from Trial Division of Provinial Supreme Courts
sets province's precedent
decision followd by all judges in province
Provincial Supreme Court (Trial Division)
tries severe crimes
hears criminal appeals in summary convicrtion cases
sets province's precedent
followed by Provincial Court judges in province
Provincial Courts (Criminal Division)
arraigns all criminal cases
holds preliminary hearings in severe indictable offences
hears and tries criminal summary conviction cases
Full transcript