Crimes Homicide Assault Sexual Assault

Homicide There is culpable and non – culpable homicide. Culpable Homicide: a killing for which the accused is legally responsible Non-culpable: a killing where a person cannot be held legally responsible (examples: war, self defence)

Culpable Homicide First-degree murder: It is planned or deliberate One person hires another to commit the murder The victim is a police officer, prison guard or other type of person employed to keep the peace

The murder is caused while committing or attempting to commit another serious offence, such as: hijacking, sexual assault, kidnapping etc. Automatic life sentence if convicted. No parole for 25 years

Second-degree murder: Any murder that is not classified as first-degree Example: At a party, Kris hears that the homeowner has a big bag of weed hidden in his bedroom. Kris sneaks into the room and starts to look for the weed. Just as he finds it hidden in a drawer someone enters the room and spots Kris making the theft. Kris picks up a lamp and hits the person over the head killing them. Kris is convicted of 2nd degree murder. Automatic life sentence ~ parole possibility after 10 ~ set by judge

Manslaughter Any culpable homicide not classified as first or second-degree murder. It requires only general intent, unlike murder which requires specific intent. The killing occurs “in the heat of passion caused by sudden provocation” 4 years minimum

Example: Lauren gets her assignment back with a C grade. Mr. O’Reilly scoffs as he hands the paper to her. Enraged Lauren grabs the hole punch and smashes Mr. O over the head with it ~ killing him

At a party Connor insults Shawn’s girlfriend. Shawn calls him out to teach him a lesson. The two start fighting. Connor smashes his head off the sidewalk and is knocked unconscious. He dies in hospital from a brain hemorrhage. Shawn is convicted of manslaughter.

Involuntary manslaughter This occurs where there is no intention to kill or cause serious injury but death is due to recklessness or criminal negligence. Example: At a party the guys take turns holding stoned people upside down out the window. They accidentally drop Megan!

Vehicular manslaughter holds a persons liable for any death that occurs because of criminal negligence or a violation of traffic safety laws. Example: Mr. O’Reilly is speeding through the school zone flossing his teeth. He strikes and kills Miranda with his car.

Canadian Murder Rate Compared to other Countries

Canadian Murder Rate in Decline Why?

Murder Rate by Province

Homicide Rate by City

1 in 5 Homicides Gang Related

Most homicides committed by someone known to victim

Spousal homicide rate is now at its lowest since the mid-1960s

Women continue to be at greater risk than men of being killed by a former spouse. In 2007, 11 of the 51 female spousal victims were killed by a separated or divorced spouse, compared to none of the male victims.

Males account for the majority of homicide victims and those accused of homicide

Assault There are 3 levels of assault in Canada

Level 1 Assault A summary offence Any type of threat or unwanted contact including touching, pushing, spitting or throwing a drink on someone. It carries a maximum sentence of 5 years

Level 2 Assault Involves assault with a weapon or assault that causes bodily harm This is a hybrid offence Which means it can proceed via summary or indictment depending on the severity Maximum of 10 years

Level Three Assault Aggravated assault in which there is wounding, disfiguring or endangering someone’s life Maximum sentence of 14 years

Sexual Assault There are three levels of sexual assault

Level One Sexual Assault This is a violation of a person’s sexual integrity which can include a wide range of behaviour Rubbing up against someone in an elevator or groping someone in a sexual manner

Anti-groping feature on cellphones "Excuse me, did you just grope me?", progressing to: "Shall we head to the police?" Max: 10 years

A quarter of female students have been sexually assaulted By Daily Mail ReporterDaily Mail Reporter Read more: assaulted.html#ixzz15SuXHdT0http:// assaulted.html#ixzz15SuXHdT0

Level Two Sexual Assault Sexual assault with a weapon, threats to a third party or causing bodily harm

Level Three Sexual Assault Aggravated Sexual Assault Wounding, disfiguring or endangering the life of someone during a sexual assault

Consent and Sexual Assault A common defence for sexual assault is consent. The crown must prove that the accused knew the complainant was not consenting

Or was reckless… …as to whether she was consenting or not.

Consent is not a defence when the victim is under 16 or 18 if the accused was in a position of authority.

Age of Consent 16 years old 18 if the person is in a position of authority Example: Teacher, coach, employer If a person is there is a 5 year leeway If a person is there is a 2 year leeway The purpose of the law is to protect the young from older predators

Consent and Alcohol Canadian law states, people under the influence of alcohol or drugs are absolutely incapable of giving sexual consent. Even if a woman says she willingly gives consent, the man can be convicted of sexual assault if he engages in sexual activity with a woman “who is really out of it”. A man: cannot claim intoxication as a defence of sexual assault

Note! After drinking alcohol, one in seven 16-to-24-year-olds have had unprotected sex One in five have had sex that they regretted. One in 10 have been unable to remember if they had sex the night before. 60 percent of young adult women who are infected with a STI report that they were under the influence of alcohol at the time that they had sex with the infected person