VIOLENT CRIMES 1ST DEGREE MURDER SECOND DEGREE MURDER MANSLAUGHTER ASSAULT SEXUAL ASSAULT

HOMOCIDE Is the direct or indirect killing of another human being CULPABLE HOMOCIDE It is a criminal offense if it is “culpable” or deserving of blame Examples include murder (1st and 2nd ), manslaughter, infanticide NON-CULPABLE Homocide is not criminal and happens completely by accident or is done in self-defense DESCRIBE AN EXAMPLE OF EACH

MURDER CRIMINAL CODE SECTION 229 SAYS: The person who causes the death means to cause his/her death, or means to cause bodily harm and knows the likely outcome will be death

FIRST DEGREE MURDER 1. Murder is planned or deliberate “Planned” - a scheme or design worked out carefully- person has weighed the consequences of their action “Deliberate” - means considered and not-impulsive 2. Victim is a law enforcement agent (police officer, prison guard)‏ 3. Death occurs during a serious crime such as sexual assault, aggravated sexual assault, sexual assault with a weapon, kidnapping, forcible confinement, hijacking, hostage taking 4. Uses explosives in relation to association with criminal organization 5. Related to criminal harassment 6. Includes terrorism or terrorist activities

SECOND DEGREE MURDER Any murder that does not fit the criteria to first degree murder and is deliberate is classified as second degree murder Usually there is a “heat of the moment” decision where the intention is to kill

MANSLAUGHTER Is the causing of another person's death either directly or indirectly – requires only general intent (limited to the act itself)‏ Murder can be manslaughter if there is “provocation”- death must be caused indirectly in the heat of passion, causing someone else to lose control “intoxication” is a rarely successful defense to killing someone, unless special circumstances exixt

INFANTICIDE, SUICIDE AND EUTHANASIA killing of newborn by his/her mother Mother has not recovered from child birth and is suffering from mental disorder SUICIDE It is a crime to counsel someone to commit suicide, but attempting suicide is no longer a crime Euthanasia and mercy killing are illegal as one person is acting to end the life of another

THE THREE LEVELS OF ASSAULT Classified according to their severity Intent is a key in all three A threat can be an assault if there is an ability to carry it out If the action is of carelessness or reflex, not assault

LEVEL ONE ASSAULT AND SEXUAL ASSAULT Applying intentional force to another person, either directly or indirectly without that person's consent Attempting or threatening by an act or gesture to apply force Approaching or blocking the way of another person- can be if someone is begging while openly carrying a weapon or imitation weapon SEXUAL ASSAULT: is the same, except assault occurs in sexual conduct

LEVEL TWO- ASSAULT AND SEXUAL ASSAULT CAUSING BODILY HARM While committing assault, carries, uses or threatens to use an weapon or an imitation of a weapon Causes “bodily harm”- anything that interferes with victims health or comfort Again, sexual assault takes the defintion of assault and applies it, this is a “general intent” offence

LEVEL THREE OR AGRRAVATED ASSAULT AND SEXUAL ASSAULT Most severe form of assault Can wound, maim, disfigure or endangers the life of another person

SEXUAL ASSAULT- ACTUS REUS AND MENS REA ACTUS REUS: involves touching of a sexual nature without consent MENS REA: can rest that victim gave no consent, also shows recklessness or wilful blindness (perpetrator avoids asking victim if consent is given)‏

OTHER NOTES: SEXUAL ASSAULT VITIATED BY FRAUD: means perpetrator withheld information (i.e. HIV Status) to partner- no consent can be given in that situation One spouse can charge another spouse Self-induced intoxication (as seen in R v. Daviault) is not a defense The age of sexual consent in Canada is 14 There is a provision of if a person is older than 14 and perpetrator is in a position of trust and/or authority

ACTIVITIES Using p. 127-41 as your guideline, come up with an example or describe a case that highlight the following: 1. 1st degree murder 2. 2nd degree murder 3. Manslaughter 4. Assault- Levels one-three 5. Culpable Homocide