Introduction to Criminal Law CLU 3ER Lesson 26

Introduction to Criminal Law Learning Goal: understand how criminal law is organized Open discussion about criminal law Note and discussion Is it a crime? activity

What is a crime?

Why do people commit crimes?

What happens after a crime takes place?

Criminal Law in Canada Criminal law is _____________ law that _________________ behaviour that causes injury to __________________ or ____________________ Made by the ________________ government (in Ottawa) Laws are written in the ________________________________________________________ Contains a description of _________________ and criminal law _____________________

Principles of Criminal Law Presumption of Innocence: the accused is ____________________ until proven _____________ Burden of Proof: it is the ______________ counsel’s (lawyer’s) responsibility to prove that the _________________ is guilty. The _______________ lawyer doesn’t have to prove innocence. Beyond a Reasonable Doubt: level of _____________ required to convict someone. There cannot be any _______________ in the minds of the _______________ or the ___________. If there is reasonable doubt, then accused must be found ________ _______________

Types of Crime Summary Conviction Offences _____________________ serious offences No more than _________ months in prison or a ____________ Ex. Public disturbance, driving a vehicle without the owner’s permission

2. Indictable Offences ________________ serious offences Up to _________________ in prison and larger ________________ Ex. Murder, aggravated sexual assault, arson, cattle theft (yep! 10 years in jail)

3. Hybrid Offences Can be tried as a __________________________________ or __________________ Offence __________________ decides Punishments can be higher than just summary conviction Ex. Assault causing bodily harm, fraud, pulling a false fire alarm

Elements of a Crime Two essential parts to a crime: _________________ action and _______________intent Ex. Arson has two parts; actually __________________ the fire and doing it ___________________ Setting a fire by accident may not be a crime

1. Actus Reus Committing the _________________ or failing to act Ex. A parent failing to provide the basic necessities for their _______________ is a crime ___________________________ an act or omission to act (must be voluntary, on purpose) ___________________________ the outcome must be bad ___________________________ must have been wrongful ___________________________ must be a connection between what the accused did and the bad outcome

2. Mens Rea Intention, knowledge, and recklessness The accused must have _______________ to cause a ________________ consequence a) Specific intention:__________________________________________________________ b) General intention:__________________________________________________________ C) Knowledge: __________________________________________________________________ d) Recklessness: __________________________________________________________________

Parties to an Offence

Aiding to help someone commit a crime

Abetting to encourage someone to commit a crime To be proven: i) the accused had knowledge that the other was planning to commit a crime ii) must actually help or encourage the other   Just being at the scene of the crime isn’t enough However, under Section 21 (2), someone who plans a crime is held just as guilty as the person who commits the crime Urging or suggesting that someone commit a crime can receive the same penalty as actually attempting it!

Accessory after the Fact Helping a criminal escape detention Includes providing food and shelter Only exception is when you are helping your legally married spouse and someone escaping with your spouse Dates back to traditional idea of a wife being one with her husband Some argue that this doesn’t reflect current values and should be changed