Criminal Law

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Criminal Law
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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.

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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.

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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

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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  revised and repealed.

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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.

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Criminal Law

• In order for a person to be convicted of a crime
  in Canada it must be proved that two elements
  exist
• The person actually carried out the act
• The person meant to carry out the act

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Criminal Law

• The guilty act is known as the Actus Reus.
  This is the action of the crime.
• The intent of the person is called Mens Rea.
  Meaning the person actually intended to carry out
  the guilty act.

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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.

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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.

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Criminal Law

• Recklessness is knowingly taking a risk a
  reasonable person would not take.

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• 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.

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• 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.

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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.

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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.

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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.

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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.

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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.

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Criminal Law

• There are two major types of incomplete crimes.
• Criminal attempt
• 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.

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• 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.

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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