Criminal Law

Criminal Law Criminal Law Conditions or omissions to constitute a criminal act Conditions or omissions to constitute a criminal act

1) The act is considered wrong by society

2) The act causes harm to society

3) The harm is serious

4) The remedy must be handled by the justice system

Note: Crime changes from: Time to time Country to Country

Criminal Law prohibits and punishes Criminal Law prohibits and punishes In Canada they are outlined in the CCC In Canada they are outlined in the CCC

Laws Protect people and property Maintain order Preserve standards of public decency

Quasi-criminal Law Covers less serious offences including: Liquor control Act Liquor control Act Highway Traffic Act Highway Traffic Act Wildlife Act Wildlife Act

The Elements of a Crime There are two elements to a criminal act 1. Actus Reus: Latin for “guilty action” This is the voluntary action or ommission that breaks the law Example: Matt punches Neale

2. Mens Rea: Latin for “guilty mind” This is the deliberate intention to commit an illegal act Example: Erin wanted to slap Mr. O’Reilly so she did. Mr. O’Reilly so she did.

As opposed to accidentally turning and smacking someone. Mr. O’Reilly will now demonstrate

Both actus reaus and mens rea are needed for a crime to occur. However….. However….. Mens Rea can exist as a result of : Criminal negligence Criminal negligence Recklessness Recklessness Willful blindness Willful blindness

Criminal negligence is a disregard for the lives and safety of others that leads to harm or death

Example: Mr.O’Reilly brings in a hunting rifle for his lesson on firearm legislation. He leaves the loaded gun in the lecture theater. Jane comes in to class picks up the gun. It goes off accidentally and kills John. Jane will not be charged. Mr. O’Reilly will be charged with criminal negligence causing death

Actus Reus: Leaving the gun in class Mens Rea: By bringing the gun in or omitting to lock the gun away Mr. O. shows a disregard for the safety of his students

Recklessness: involves consciously taking an unjustifiable risk that a reasonable person would not take.

Example: Mr. O’Reilly swings a broken pointy meter stick around and hits Becca in the eye causing a hideous disfigurement Actus Reus: He hit Becca with the stick Mens Rea: He did not intend to strike Becca but his behaviour was reckless beyond what a reasonable person would do.

Wilful Blindness: is a deliberate closing of one’s mind to criminal behaviour Example: Shawn offers to sell Mr. O’Reilly a near new 180g ipod classic for $50. The ipod has someone elses engraved name scratched off the back. It’s such a good deal, Mr. O buys the ipod remaining willfully blind to the fact it was probably stolen. Mr. O can be charged with possession of stolen property