Download Unit 3 - Criminal Law Ch. 6 - The Nature of Crime p. 138

Shared Criteria for Top 5
• All cause serious harm to society
• All violate existing criminal statutes and
are handled by the criminal justice system
• All involve an element of responsibility;
of liability – blame
INTENT
»
RECKLESSNESS
Criminals or Warriors: An
Introduction to Criminal Law by
Sam Low on Prezi
Intro to criminal law
Born to Rage – trailer
Dr Phil
Unit 3 - Criminal Law
Ch. 6 - The Nature of Crime p. 138-156
Learning Goals
•
I can describe the elements that must
exist for a person to be convicted of a crime
in Canada
•
I can summarize what makes an action a
crime as compared to a regulatory offence
in Canada
Unit 3 - Criminal Law
Ch. 6 - The Nature of Crime p. 138-156
• A Crime is any act OR omission of an act
that is prohibited and punishable by federal
statute.
• Example of an omission, meaning to omit to
(fail) to do something?
• (Not stopping at the scene of
an accident or not ensuring
the safety of a young child)
Chapter 6 - Defining Crime
Four conditions for an act (or omission) to be
considered a crime:
• The act is considered wrong by society
• The act causes harm to society in general
OR to those (minors) who need protection.
• The harm must be serious
• The remedy must be handled by the
criminal justice system – police and courts
Chapter 6 - Defining Crime
• Crime isn’t an offence just against an individual,
but against the public, or society as a whole.
• Ex. 1: Rob a store…affects more than just
owner.
• How? -- Prices , affecting everyone.
• Ex. 2: Shoot someone at a party, affects more
than just the victim
• How? -- _________________________
• Thus in Canada, police/prosecutors decide
whether charges are laid, not the individual.
Chapter 6 - Defining Crime
• Society changes the definition of crime over
the years.
• Examples?
• 1795 stealing = death
• Abortion
• Same Sex Marriage
• Prohibition of alcohol
• What’s next for revision?
Criminal Law - Purposes
•
•
•
•
•
•
•
Protect people and property
Protect people from harm
Enforce moral standards
Maintain order
Provide retribution – pay debt to society
Provide rehabilitation and reintegration
DETER people from committing crime
-open trials
-education
-policing
-social programs
Chapter 6 - Criminal Code
• The Criminal Code of Canada (CCC) is federal statute
passed by parliament.
• The CCC Lists offences AND sentences.
• CCC changes as society changes (every year)
• For example in response to a perceived increase in
violent crime, in 2007 Parliament passed Bill C-19
which changed the sentencing for offences involving
personal injury, terrorism and organized crime
• 1986 Parliament tried to change CCC to make it less
complicated, better organized, easier to understand,
but couldn’t agree…
• Several other laws contain criminal law outside of the
Criminal Code: Controlled Drugs & Substances Act,
Income Tax Act, Youth Criminal Justice Act etc...
Current Societal Issues that Require
Legislation:
• Internet downloading and copyright
• Cyber crime such as identity theft and
online harassment or luring – Bill C-30
• Prostitution
• Assisted Suicide
Chapter 6 - Provincial Jurisdiction
• Provinces can make own laws also, but
usually for less serious offences.
• Provincial & Municipal laws usually
referred to as “quasi-criminal” laws.
– Ex: traffic/liquor/tobacco offences...
-Liquor Control Act or Highway traffic Act or
Wildlife Act
• Usually sentences less than 6 months or
a fine up to $2000.
Elements of a Criminal Offence
Actus non facit reum nisi mens sit rea
“ The act will not make a person guilty unless
the mind is also guilty”
The Elements of a Crime
Every criminal act has two elements:
Actus Reus and Mens Rea. These two
have to be proven before the crown can
get a conviction.
AR and MR
Chapter 6 - The ELEMENTS of a crime
ACTUS REUS
• “The Guilty Act”
• Demonstrates a voluntary action, omission, or
state of being that is prohibited by law.
So there are three ways to commit actus reus:
– “action”
= Hitting another person
– “omission” = Not feeding a child
– “state of being” = Possession of stolen goods
or being in a gaming house.
•
- ie. ‘everyone who ___________’
Chapter 6 - The ELEMENTS of a crime
MENS REA
• “The Guilty Mind”
• Demonstrates that the act
was intentional, knowing,
negligent, reckless, or willfully
blind.
ie) everyone who ‘knowlingly’ or ‘with intent’
Chapter 6 - Mens Rea Explained
The act was intentional, knowing, negligent, reckless, or wilfuly blind.
• Intent: -General Intent = Sam hits Bob because angry
-Specific Intent = Sam hits Bob to steal Bob’s watch.
• Knowledge
• Find counterfeit $, use it anyways = knowledge
• Negligence: failing to take precautions that a reasonable person
would take to avoid causing harm
• Leaving loaded pistol on table. Ten-year-old Bobby shoots Sam by mistake.
• Recklessness: consciously taking an unjustifiable risk that a
reasonable person would not take
• Driving 120mph, kill pedestrian by mistake.
• Wilful Blindness
• (Deliberately ignoring obvious)
• Ex: buying a t.v. with “RCSS” etched on side for $20
Chapter 6 - The Elements of a Crime
ACTUS REUS
+
MENS REA
“The Guilty Act”
+
“The Guilty Mind”
=
=
?
?
CRIME
CRIME
AR and MR - criminal law vid
• Note: Intent to commit a crime is not he
same as Motive. Motive is the reason that
someone might commit a crime. Intent, on
the other hand, shows a person’s state of
mind and willingness to commit a crime.
• ie.) If Bobo kills her mother to receive an
inheritance, the inheritance is her motive,
but it does not establish her state of mind or
her intent to commit murder. The Crown
must establish intent by showing that the
killing was ‘planned and deliberate’.
Identify the Actus Reus and the Mens Rea
Criminal Code, section 229
Culpable homicide is murder
a) where the person who causes the death of a human
being
i) means to cause his death, or
ii) means to cause bodily harm that he knows is likely to
cause his death, and is reckless whether death ensues
or not;
Actus Reus
•Cause death to a human being
Mens Rea
•intend to cause bodily harm
•knows the intended bodily harm is likely to cause the death of
the human harmed
•is reckless
343. Everyone commits robbery who
b) assaults any person with intent to steal from him;
342. (1) Every person who
(d) uses a credit card knowing that it has been revoked or cancelled,
131. (1) . . . every one commits perjury who, with intent to
mislead, makes before a person who is authorized by law to
permit it to be made before him a false statement under oath or
solemn affirmation, by affidavit, solemn declaration or deposition
or orally, knowing that the statement is false.
209. Every one who, with intent to defraud any person, cheats
while playing a game or in holding the stakes for a game or in
betting is guilty of an indictable offence and liable to
imprisonment for a term not exceeding two years
• Review Prezi A.R. + M.R.
DETERMINING LIABILITY –
LEGAL
RESPONSIBILITY/BLAME
Chapter 6 - Liability
• Many Regulatory Laws are federal or provincial statutes
meant to protect the public so “mens rea” doesn’t need to
be proven.
• They are:
– Less serious offenses
– Crown does not have to prove Mens Rea
– Laws do not include words like willfully or with intent.
• Examples:
• environmental protection
• workplace safety
• hunting & fishing regulations
• traffic offences
• (Ex: Even if you didn’t “intend” to drive 115 kmh in 100kmh zone, still
guilty.)
Three Categories of Liability (legal responsibility):
1. Criminal liability (Actus Reus = Mens Rea)
2. Strict liability
These apply to regulatory offences that
3. Absolute liability create public safety
Liability Equations
Absence of defense = Criminal Liability
1) Actus Reus
Mens Rea
2) Actus Reus
Liability
Strict Liability
1) Actus Reus
Absolute Liability = Quasi-Criminal Liability
Absence of due diligence = Criminal
Chapter 6 - Strict Liability
• Strict Liability Offences - accused may agree that they
did the offence BUT can defend themselves by claiming
“Due Diligence” (careful planning to avoid the offence)
was used.
Example:
ABC corporation charged with polluting the Grand River.
ABC proves it has spent $3million during past few years
creating waste treatment facility, training employees AND
then a huge hurricane dropped more rain in 4 days than
recorded in last 100 years! ABC would be successful in
claiming that it did virtually everything possible to prevent
pollution. It would be found innocent as they had used
Due Diligence/Careful planning. R v. Sault St. Marie
Chapter 6 - Absolute Liability
• Absolute Liability Offences = No defense possible.!
• Once Crown proves that the offence did occur and
the accused was responsible for it, court must find
the accused guilty.
– Example: Driving without a license or driving
motorcycle without a helmet or fishing without a license.
• Supreme Court has stated that since there is no
defense possible for these crimes, there can be no
prison sentences, only fines.
• R v. B.C.
Reasons for Strict/Absolute Liability
•
•
•
•
•
•
Easier to prove
Takes less court time
Encourages citizens to obey the law
Prevents defenses being raised as an excuse
Makes regulation straightforward
Protects the public
Strict Liability Offences
Absolute Liability Offences

 No defence possible

The accused may
acknowledge that the offence
took place but then offer the
defence of due diligence.
Due diligence is proving that
every reasonable precaution
to avoid committing the
offence was taken.
Examples: Employee got hurt,
but employer provided full
safety training and safety
equipment
 Courts must find the
defendant guilty once facts
established and the Crown
demonstrates the accused was
responsible
 Because offenders can offer
no defence once the facts have
been established jail time is
not a penalty
Examples: Driving without a
licence or speeding
Liability Testers
Do the following scenarios involve absolute or
Criminal Liability (mens rea required to establish
guilt) Offences
1) Man stopped for failing to wear a seatbelt
2) Man texting while driving hits a pedestrian
3) Man assaults noisy neighbour with a baseball
bat
4) Man steals a horse from the New Hamburg Fall
Fair
5) Woman stopped for driving with an expired
license plate sticker
Legal, Illegal and Criminal Behavior
Legal –
Illegal (Regulatory)–
Criminal –
Not against the law and
does not harm others but
might be considered
wrongful by many people
Considered Quasi- Criminal;
illegal acts are not
criminalized so little or no jail
time or criminal record
-Provincial or Municipal Law-Strict Liability Offence
-Absolute Liability Offence
Actions in the criminal code and
for which you could be imprisoned
– criminal liability requires proof
of actus reus + mens rea
-- Federal Law –
-SUMMARY CONVICTION
OFFENCE
-INDICTABLE OFFENCE
-Using a cell phone in
a movie theatre
-Purchasing cigarettes if
you are 18 or younger
-operating a car without
wearing a seat belt
-Hunting without a
license
-Teens in tanning salons
-Texting while driving
-Workplace safety or food
safety are strict liability
•Theft
•Assault
•Possessing Marijuana
•Kidnapping
•Trespassing
• Soon to be cyber bullying
-Downloading
unauthorized music
-Drinking alcohol
when you turn 19
-smoking in parks
-soon to be
prostitution-related
laws or maybe assisted
-____________________________________________________________________________________
Some criminal offences are
Hybrid Offences – the Crown
can choose to treat as summary
OR as indictable offence ie)
theft over/theft under $5000
• Chart of Offences
Testers:
A. Are the following scenarios examples of legal, illegal or
criminal behavior?
B. Do they relate to criminal liability or absolute liability?
1) A man gets a body
_______________________
piercing in his eyelid.
_____________________
2) A 12-year-old boy robs a store at knifepoint.
________________________
______________________
A homeowner is fined $375 for watering his lawn
three days in a row. _________________ _________________
3)
A driver is charged with using a hand-held device
while driving. __________________ ____________________
4)
A man attempts to rob a Triumph motorcycle
dealership at gunpoint. ___________ _________________
5)
Learning Goals
• I can describe the names/roles of people
involved in a crime
• I can apply the names/roles of people
involved in a crime to a new situation
Review Prezi
http://prezi.com/ounr_u057bjy/in
volvement-in-a-crime/
Involvement in a Crime
• Crimes can be committed by different
people with different levels of involvement
• How does the law distinguish these roles?
Chapter 6 -Involvement in a Crime.
• Perpetrator is the person who commits the crime.
• Co-perpetrator actively helped commit the crime
Person must be at the scene of the crime to be considered.
Ex: 2 people robbing a bank
• What if a person is involved but did not commit the
crime?
Parties to an Offence
Parties to an offence are those people who are
indirectly involved in committing a crime.
•Aiding = helping the perpetrator commit the crime,
but doesn't have to be at the scene
• Ex: Giving thief keys to the bank
•Abetting = encouraging the perpetrator to commit
the crime, without actual physical involvement.
•Ex: “Hit him, hit him”
•Counselling = Give advice, persuasion
•Ex: “Go in through back door.”
Chapter 6 -Involvement in a Crime.
• Accessory After the Fact: Helping a criminal.
• Ex: Allowing wanted thief to sleep/store goods in garage.
• Party to Common Intention = Plan a crime, but more
crimes committed by fellow criminals, all are equally guilty.
•Ex: 6 thieves rob a bank, one kills a guard, all 6 can be charged with murder.
Chapter 6 - Incomplete Crimes
• Criminal Acts must be completed for a crime to exist?
There are exceptions to this rule: Criminal Attempt & Conspiracy.
•Attempt= Even if a person is unsuccessful in the commission of a
crime, he/she can still be charged with criminal attempt.
•Ex:Terrorist caught with with bomb before use.
•Conspiracy = agreement between 2 or more people to perform an
illegal act. Even if crime not committed, can still be charged.
• Ex: Bob and Sam plan to murder Sally.
Hire an undercover police officer.
Can’t be charge with murder, BUT can be charged with
conspiracy for planning to kill.