Ch.6 - Introduction to Criminal Law. What is a crime? ► An action, or omission of an action, that is prohibited by the criminal code. ► Behaviour that.

Ch.6 - Introduction to Ch.6 - Introduction to Criminal LawCriminal Law

What is a crime?What is a crime?

► An action, or An action, or omission of an omission of an action, that is action, that is prohibited by the prohibited by the criminal code.criminal code.

► Behaviour that is Behaviour that is harmful to society.harmful to society.

►Whatever society Whatever society decides is a crime.decides is a crime.

4 Conditions of a Criminal Act 4 Conditions of a Criminal Act

1.1. The action must be considered wrong by The action must be considered wrong by society.society.

2.2. It must cause harm to society generally It must cause harm to society generally or to those in need of protection.or to those in need of protection.

3.3. The harm must be serious in both nature The harm must be serious in both nature and degree.and degree.

4.4. The action must be best dealt with in the The action must be best dealt with in the criminal justice system (rather than civil) criminal justice system (rather than civil) to deter others from doing the same. to deter others from doing the same.

R v. Coyne (p.109)R v. Coyne (p.109)

2 Elements of an Offence:2 Elements of an Offence:

►The The Actus ReusActus Reus: The prohibited act, : The prohibited act, as defined in the criminal code.as defined in the criminal code.

►The The Mens ReaMens Rea: The required intent : The required intent (intention) to commit the act.(intention) to commit the act.

Some terminology: Some terminology:

► The lawyer for the accused (the person The lawyer for the accused (the person CHARGED with an offence) is the CHARGED with an offence) is the DEFENCEDEFENCE lawyer.lawyer.

► The lawyer for the state (society) is the The lawyer for the state (society) is the CROWNCROWN prosecutor. prosecutor.

► An individual is An individual is presumed innocent until presumed innocent until proven guiltyproven guilty. .

► Criminal offences must be proven Criminal offences must be proven beyond beyond any reasonable doubt. any reasonable doubt.

Charter Right 11bCharter Right 11b“Trial within a reasonable time”“Trial within a reasonable time”

►See R v. Askov (p.112)See R v. Askov (p.112)

Chapter 7: Chapter 7: Criminal Criminal OffencesOffences

PersonPerson

PropertyProperty

MoralityMorality

Classification of Classification of OffencesOffences

Summary Conviction Offence:Summary Conviction Offence: less serious offences less serious offences

Causing a disturbance in a public placeCausing a disturbance in a public placeLoiteringLoiteringBeing in an illegal gaming houseBeing in an illegal gaming houseDriving a someone’s car without permissionDriving a someone’s car without permission

►(Generally) Trial cannot proceed if (Generally) Trial cannot proceed if more than 6 months have passed more than 6 months have passed between the time of the act and the between the time of the act and the start of trial proceedings.start of trial proceedings.

►Max penalty: 6 months and/or $2000.Max penalty: 6 months and/or $2000.

Indictable Offences:Indictable Offences:more serious offencesmore serious offences

MurderMurderArsonArsonMaking/using counterfeit moneyMaking/using counterfeit moneyForgeryForgery

►No limit on time between act and laying of No limit on time between act and laying of charges.charges.

►Once charged, trial should be within Once charged, trial should be within reasonable time (6 months)reasonable time (6 months)

► Police have broader search powers when Police have broader search powers when investigating indictable offence.investigating indictable offence.

► If facing 5+ years, may have Jury.If facing 5+ years, may have Jury.

HybridHybrid

►May be treated by the Crown as May be treated by the Crown as summary conviction or indictable.summary conviction or indictable.

► Indictable until stated otherwise.Indictable until stated otherwise.►Examples:Examples:Theft under $1000Theft under $1000MischiefMischiefCalling false fire alarmCalling false fire alarmConspiring/attempting to commit an offence.Conspiring/attempting to commit an offence.

See R v. Quinn (p.127)See R v. Quinn (p.127)

Offences against the person Offences against the person (people)(people)

► (Approximately 10% of all crimes reported.(Approximately 10% of all crimes reported.

►HomicideHomicide Murder (1Murder (1stst degree, 2 degree, 2ndnd degree) degree) ManslaughterManslaughter InfanticideInfanticide

See Droste v. The Queen (p.131)See Droste v. The Queen (p.131)See R v. Latimer (p.132)See R v. Latimer (p.132)► Counselling or aiding suicideCounselling or aiding suicide► AssaultAssault► Sexual AssaultSexual Assault

Robert LatimerRobert Latimer

Offences Against Offences Against PropertyProperty

►TheftTheft Colour of right (see r v. Hemmerly)Colour of right (see r v. Hemmerly)

►RobberyRobbery►Break and EnterBreak and Enter

Something does not have to be brokenSomething does not have to be broken If you illegally enter someone’s home, you can be If you illegally enter someone’s home, you can be

charged with: charged with: unlawfully being in a dwelling houseunlawfully being in a dwelling house

►Mischief Mischief (damage)(damage)

►Fraud Fraud (intentionally deceiving public or person (intentionally deceiving public or person causing a loss)causing a loss)

Offences Against MoralityOffences Against Morality►GamblingGambling

Keeping an illegal gaming house (max. 2 yrs)Keeping an illegal gaming house (max. 2 yrs) Cheating at playCheating at play Being in a gaming house without lawful purpose (summary Being in a gaming house without lawful purpose (summary

conviction)conviction)

►ProstitutionProstitution Requiring payment for a sex act is not illegal but Requiring payment for a sex act is not illegal but

everything surrounding it is! (UPDATE: Currently this law everything surrounding it is! (UPDATE: Currently this law has been struck down and is in the appeals process.)has been struck down and is in the appeals process.)

Procuring: assisting in the processProcuring: assisting in the process

►Obscenity Obscenity Publications exploiting sex (violence)Publications exploiting sex (violence)

Other Terms relevant to Other Terms relevant to Criminal LawCriminal Law

►Party to an offenceParty to an offence Indirect involvement in offenceIndirect involvement in offence Seriousness depends on seriousness of offenceSeriousness depends on seriousness of offence

Aiding: Aiding: giving assistancegiving assistance

Conspiracy: Conspiracy: clear plan, no execution.clear plan, no execution. Abet: Abet: encourage or helpencourage or help

Accessory after the fact: Accessory after the fact: Provide comfort/assist Provide comfort/assist afterafter the offence. the offence.

See R v. Martineau (p.146)See R v. Martineau (p.146)

All of these are difficult to clarify when applying to All of these are difficult to clarify when applying to real life situations.real life situations.