Criminal Law

n Crime – an act or omission of an act (failure to act) that is prohibited and punishable by federal law n Criminal law – the body of laws that prohibit and punish acts that injure people, property and society as a whole

Purposes of Criminal Law n to protect people and property n Maintain order and preserve standards n to discourage potential offenders n to punish / rehabilitate

What is crime? n Depends on the morals and values of society n Law Reform Commission says to be a crime: n 1. The act must be considered wrong n 2. The act causes harm to society or to those who need protection n 3. The harm must be serious n 4. The remedy must be dealt with by the criminal justice system

Possible Causes of Crime n poverty n disregard for others rights and property n drug use n insanity n anger n revenge

Jurisdiction for Criminal Law n Federal - The federal govt has jurisdiction over criminal law so all provinces have uniform criminal law. n Laws passed by provinces or municipalities are called quasi-criminal eg. Motor Vehicle Act n Federal govt makes and revises criminal law, but fed and prov govts share administration of criminal law.

Federal statutes n Federal statutes in which crimes and criminal procedures are found: n Criminal Code ( 1892) * n Youth Criminal Justice Act n Controlled Drugs and Substances Act n Food and Drugs Act n Income Tax Act n Customs Act

Why might Parliament decide to make certain actions criminal? n Interest groups oppose existing laws n changing values of society n (anti-drug laws, gun laws, drunk-driving laws, capital punishment, abortion laws)

Types of Offences n 1. Summary conviction offences - minor offences; max. $2000,6 mos. n 2. Indictable offences - serious crimes, can be life imprisonment n 3. Hybrid offences - Crown chooses whether to proceed as a summary or indictable offence

Essential Elements of a Crime n Actus reus +mens rea = Crime n To convict a person of a criminal offence, the Crown must usually prove that these 2 elements existed at the time of the offence

Actus Reus n guilty act or deed n the voluntarily action, omission - i.e. failure to act or state of being n For example: n Action- assault n Omission- not stopping at an accident n State of being- being in possession of stolen goods

Mens Rea n guilty mind n A deliberate intention to commit a wrongful act, with reckless disregard for the consequences n includes intent ( desire to carry out the action, can foresee the results) n *Intent is not motive. Motive is the reason person commits a crime n or knowledge ( an awareness of certain facts)

n or willful blindness ( a deliberate closing of ones mind to the possible consequences of ones actions) n or recklessness ( taking an unjustifiable risk that a reasonable person would not take) n or criminal negligence ( reckless disregard for the safety of others, sometimes causing serious injury or death)

General and Specific Intent n General intent- the desire to commit a wrongful act, with no other motive or purpose ( assault) n Specific intent- the desire to commit one wrongful act for the sake of doing another ( assault / theft)

Strict and Absolute Liability n Liability- legal responsibility for a wrongful action n Strict liablity offences- offences that do not require mens rea, but accused can use defence of due diligence n Due dilgence- accused took every reasonable precaution to avoid committing the offence n Absolute liability – offences that do not require mens rea and accused can offer no defence