Unit 2 – Criminal Law

Unit 2 – Criminal LawLUL4N1

Learn about Criminal Elements of a Crime Who can be charge, when a crime is committed Criminal Code Offences Property Crimes Prostitution/ Abortion Other Crimes The criminal Code Criminal Offences Defences

In this unit…

Crime Defination Elements of a crime Mens rea 3 parts

1. Recklessness2. Knowledge3. Intent general and specific

Crime

Principle actor (Main Offender) Aider/Abettor Counselor Conspiracy Procurer Accssory after the fact

Parties of Offence

Summary Conviction Offences Indictable Offences Hybrid or dual purpose offences

Classification of Offences

1. Children under 12 cannot appreciate the nature of their actions so as to be criminally responsible

2. The insane3. Spouses- no conspiracy, theft from each

other, certain sex offences if between consenting adults, accessory after the fact

4. The crown- courts are his/hers therfore exempt from prosecution

Doll Incapax

The physical element of actus reus (the gulty action)

- Action or omission or state of being- Consequence- Circumstances

Elements of a Crime

The mental element – Mens Rea (The guilty mind)

- Intent- Recklessness- Knowledge

Elements of a Crime

Actus Reus Mens Rea

Elements of a Crime

Action – doing something Omission- Failing to do something

unintended to do it Must be done by choice State of being- not an action

Actus Reus

Intentionally Now that the consequence of action may be

harmful but decided to take risk anyway Knew that it was wrong

Mens Rea

Parties

Anyone who side and abets

Anyone who counsels or recommends Principle Actor (S)

Who can be Charged?

Accessories after the fact

Anyone who receives comforts or assists after the

crime is committed

Who can be Charged?

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