Chapter 5

Homicide Homicide Culpable Non Culpable killing another human being Blamable or criminal homicide Non Culpable Homicide caused by accident or self-defence

First Degree Murder Second Degree Murder Causation Planned and deliberate Victim is a law enforcement agent Death occurs while another offensive crime is being committed Committed while trying to commit another offence that is a terrorist activity Sentence = life Second Degree Murder Anything that is not first degree murder, but still cause intentionally Sentence = 10 to life Causation Cause of death

Manslaughter Infanticide Suicide/Euthanasia Causing death directly or indirectly by means of an unlawful act Infanticide Killing of a new born by his or her mother Very seldom used Suicide/Euthanasia It is an offence to counsel (or help) anyone to commit suicide Euthanasia is now legal, with strict guidelines (2016)

Assault Assault Assault causing bodily harm Aggravated assault Applying intentional force to another person without consent Attempting or threatening to apply force Approaching or blocking the way of a person carrying a weapon Assault causing bodily harm Anyone committing assault while using a weapon Causes bodily harm Aggravated assault Person wounds, maims, disfigures, endangers the life of the victim

Sexual Assault Same 3 levels of assault, but in a sexual nature Sexual nature is Part of the body touched Nature of the contact Words and gestures with the act Consent is required (willful blindness is not accepted)

Consent Age of Consent is 16 years old, except position of trust/authority Age 12/13 – less than 2 years older Age 14/15 – less than 5 years older Sexual Exploitation-16/17 year olds can’t consent to sexual activity if: Partner is in a position of trust or authority over them Young person is dependent on them for care or support

Other Sexual Offences Other Sexual offences include Bestiality Incest Indecent act in a public place or in public view

Violent Crimes Abduction Robbery Forcible removal of an unmarried person under the age of 16 Enticing Custodial parent refuses to give access according to the agreement Non-custodial parent detains or runs away with child during access Robbery Theft involving violence, threat of violence, assault or the use of weapons

Prohibited weapons Restricted weapons Not allowed Gun silencers, switchblade knives, sawed off shotguns/rifles, etc. Restricted weapons Need permit Semi automatic rifles, etc.

Prostitution Prostitution is legal in Canada Soliciting (communicating for the purpose of prostitution) is illegal Procuring (directing customers to the services of a prostitute or living off the earnings of a prostitute) is a much more substantial crime 2014, the Supreme court of Canada struck down prostitution laws (bawdyhouse (brothel) were illegal, now they are legal)

Any sexual activity with children is illegal Obscenity “Degrading and dehumanizing” R. v. Butler pg. 147 Any sexual activity with children is illegal

Property Crimes Arson Theft Break Enter Intentional or reckless causing of damage by fire or explosion to property Theft Intended stealing of an item Must not have a color of right to it Color of right – has a legal right to the item Break Breaking anything (internal or external) or open anything that is intended to be closed Enter Any part of his/her body or instrument enters the premises

Possession of Stolen Goods Offence for someone to possess anything that he or she knows was obtained during the commission of an indictable offence Owning a car with the serial numbers removed Fraud Obtaining something under false pretences Ex. Anyone who writes a cheque and knows there is no money in their bank account, lying on their credit card application

Other Crimes Terrorism Criminal Harassment Terrorist activity (2001) – an action that takes place for political, religious, or ideological purposes and intimidates the public concerning its security or compels a government to do something by intentionally killing, seriously harming or endangering a person causing substantial harm Criminal Harassment Repeatedly communicating with or following another person, a person’s family, anyone known to that person

Criminal Negligence Abortion Mischief Criminal Negligence in the operation of a motor vehicle Criminal Negligence causing bodily harm Criminal Negligence causing death Abortion R. v. Sullivan pg. 143 Mischief Deliberate destruction of damaging of property