Criminal Law
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Criminal Law
Criminal Law A Crime is any action or omission of an
act that is prohibited and punishable by law.
There are four conditions in which an action or omission becomes a crime:
The act is considered a wrong for society.
The act causes harm to society.
The harm must be serious.
The remedy must be handled by the justice system.
Criminal Law
A crime is not just an offence against the victim but society as a whole.
When someone steals a CD player from a store the store owner must increase prices to compensate for the loss. In the end everyone else ends up paying for the crime.
Criminal Law
Because crime impacts society as a whole it is the governments responsibility to investigate and act against the person who committed the crime.
The main purpose of criminal law is to:
Protect people and property
Maintain order
Preserve standards of public decency
Criminal Law The Criminal Code is a
federal law that contains a majority of the criminal laws by Parliament.
It contains not only the offences but the punishments for the crimes. It is meant to reflect the views of Canadian society.
The Criminal Code can be changed; laws can be revised and repealed.
Criminal Law
The Canadian legal system was inherited from England.
In 1867 John A. MacDonald thought it was best that all of Canada be under one system of laws.
Criminal Law
In order for a person to be convicted of a crime in Canada it must be proved that two elements exist:
1. The person actually carried out the act
2. The person meant to carry out the act
Criminal Law
The “guilty act” is known as the ActusReus. This is the action of the crime.
The intent of the person is called MensRea. Meaning the person actually intended to carry out the guilty act.
Criminal Law
In a legal case intent must be proven. Intent means that the person actually knew what they were doing was wrong and may cause harm.
Intent is different from motive. Motive is a persons reason for committing the crime.
Criminal Law
Criminal negligence is failing to take precautions to prevent the harm of others.
In certain cases the mens rea of a crime is the criminal negligence of the offender.
Suppose Victor left a loaded .22 calibre target pistol on top of the night table. His ten year old daughter took the gun and accidentally shot her friend. Victor was negligent that he left a firearm where someone could use it.
Criminal Law
Recklessnessis knowingly taking a risk a reasonable person would not take.
An example of recklessness would be knowing you need prescription glasses to drive. You decide to drive without them and cause an accident. The police would charge you with dangerous operation of a motor vehicle.
In some cases if a
person purposely fails
to use common sense
they are guilty of
wilful blindness.
A person offers to sell you an LCD projector at a really good price. When looking at it you notice “Property of Westisle” on the side. You decide not to ask where he got it and buy it. Two days later the R.C.M.P are at your door charging you with possession of stolen property.
Criminal Law
For less serious offences the prosecution does not have to prove mens rea. This is the case in regulatory laws.
Regulatory laws are Federal and Provincial laws meant to protect the welfare of the public. Environmental laws are an example of regulatory laws.
Criminal Law Offences that do not require mens rea can be
grouped into two categories: Strict Liability Absolute Liability
In Strict Liability cases the accused may acknowledge the offence took place but may offer the defence of due diligence.
Due dilligence is the defence stating that you took precautions against an accident but one happened anyway.
Absolute Liability cases are where once it has been proved that the accuesed commited the crime they are guilty. Such as a seat belt or speeding fine.
Criminal Law
Many crimes involve more than one person. Crimes such as bank robberies sometimes involve more than one person.
The person who commits the crime is known as the perpetrator. If there is more than one person there are co-perpetrators.
Anyone who helps a person commit a crime but is not present at the crime is known as aiding.
Anyone who encourages someone to commit a crime without actually physically helping them is considered to be abetting the crime.
Criminal Law
If a person recommends, persuades or advises another person to commit a crime is guilty of counselling.
Once the crime has been committed anyone who helps the offender escape capture is guilty of being an accessory after the fact.
Criminal Law
If a group of people set out to commit a crime and in the process end up committing several crimes all the individuals are charged with all the crimes. This is known as party to common intention.
For example a group decides to rob an armed truck and in the process one of them shoots and kills the guard. All of the people involved are charged with murder.
Criminal Law There are two major types of incomplete
crimes.
1. Criminal attempt
2. Conspiracy
Attempt means that a person had the intent to commit a crime, but for some reason, failed to carry it through. An attempt does require actus reus, but technically the guilty act begins the minute the preparation turns into action.
Conspiracy is an agreement between two or more people to perform an illegal act.
It does not matter whether the act is actually carried out.
Even if the conspirators change their minds or do not get a chance to commit the offence, they still are guilty of conspiracy because they once agreed to commit the crime.
Questions
1. __________ The person who commits the crime.2. __________ If there is another person at the scene of
the crime they are called….3. __________ If a person helps commit the crime but is
not at the crime scene is guilty of…4. __________ If someone encourages a crime but does
not physically help they are guilty of …5. __________ Anyone who recommends, persuades or
advises someone to commit a crime is guilty of …6. __________ Someone who helps a fugitive escape
capture is guilty of…7. __________ If a group of people commit a series of
crimes in order to commit a crime they are guilty of…
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