Unit 2 – Criminal Law LUL4N1
Feb 23, 2016
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?
http://www.youtube.com/watch?v=V06W2t8HxyM
Video