Chapter 4 Criminal Law and Criminal Offences

Introduction criminal law deals with offences committed against society civil law deals with offences committed against individuals

The Need for Criminal Law helps to keep order in society penalties help to deter (prevent) people from committing crimes emphasizes prevention and penalties does not place much emphasis on compensating victims for the losses suffered because of a crime

The Nature of Criminal Law parliament decides what is a crime and regularly passes laws to change the Criminal Code Criminal Code reflects the values of society reform of the Criminal Code usually reflects a shift in values and may occur because of public pressure

Criminal Actions the Law Commission of Canada has suggested certain conditions must exist for an act to be subject to criminal penalty harm others violate the basic values of society using the law to deal with the action must not violate the basic values of society makes a contribution to resolving the problem

The Power to Make Criminal Law federal parliament has jurisdiction over criminal law

Quasi-Criminal Law laws passed by the provinces, territories, or municipalities which are not considered part of criminal law Eg., types of offences that fall under the Highway Traffic Act breaking these laws usually results in a fine

The Criminal Code is the main source of criminal law in Canada other criminal offences are listed in statutes passed by Parliament such as the Controlled Drugs and Substances Act (formerly the Narcotic Control Act) when judges make decisions on important cases, these decisions may become precedents and may be followed by other judges making similar cases

Types of Criminal Offences summary conviction indictable offences hybrid offences

Summary Conviction Offences minor criminal offences can be arrested and summoned to court without delay generally maximum penalty is $2000 and/or six months in jail the Controlled Drugs and Substance Act specifies a maximum penalty of $2000 and or imprisonment for one year for possession of narcotics

Indictable Offences are serious crimes more sever penalties sets a maximum penalty for each offence -up to life imprisonment for some offences such as homicide the trial judge decides on the actual punishment or sentence some indictable offences have a minimum penalty

Hybrid Offences treated as indictable offences but the Crown attorney can adjust to summary e.g., theft

The Elements of a Crime two conditions must exist for an act to be a “criminal offence" Actus reus and mens rea actus reus is a wrongful deed mens rea means guilty mind Charter of Rights and Freedoms states that a person is "to be presumed innocent until proven guilty according to law"

Crown must prove the actus reus and mens rea existed must be proven beyond a reasonable doubt reasonable doubt will mean the accused will be acquitted and set free

A Actus Reus Criminal Code usually explains what must occur for an act to be considered a crime actus reus can also describe a failure to do something

B Mens Rea exists if the offence is committed with (1) intent or knowledge or (2) recklessness

Intent or Knowledge intent is the true purpose of the act based on the facts and on what a reasonable person would be thinking under the circumstances can be either general or specific

a) General intent to perform an action means that the intent is limited to the act itself and the person has no other criminal purpose in mind e.g., trespassing only

b) Specific intent exists when the person committing the offence has a further criminal purpose in mind e.g., breaking and entering with intent to commit robbery (2 offences, breaking and entry and robbery)

the law considers some people to be incapable of forming the intent necessary to commit a crime mental illness, minors (children), or people who are so drunk or "high" they do not understand what they are doing

Knowledge of certain facts can also provide the necessary mens rea a person commits fraud when they use a credit card they know has been cancelled—one does not have to prove intent just prove they knew the card was cancelled

Motive the reason for committing an offence it does not establish the guilt of the accused may be used as circumstantial evidence--indirect evidence that would lead you to conclude that someone is guilty the judge may also refer to the motive for an offence during sentencing

Recklessness is the careless disregard for the possible results of an action driving over the speed limit and cutting people off in traffic could result in criminal charges if injury occurs as a result of these actions

Offences without a Mens Rea violations of federal or provincial regulations, which are less serious offences than those in the Criminal Code, do not require that the mens rea be proven eg., violations of federal or provincial regulations passed to protect the public—speeding and polluting the environment which are called regulatory offences

two types of regulatory offences: strict liability offences and absolute liability offences -strict liability offences -prove only the offence was committed -defence of accused is DUE DILIGENCE which means that the accused took reasonable care not to commit the offence or honestly believed in a mistaken set of facts -absolute liability offences-Crown does not have to prove mens rea--there is no possible defence

Canadian law does not specify which regulatory offences are strict liability or absolute liability it is left to the court to decide what the government intended

Attempt a person who intends to commit a crime but fails to complete the act may still be guilty of a criminal offence proving attempt means proving that there was intent the actus reus for an attempt begins when the person takes the first step toward committing the crime if the crown was unable to prove that an offence was committed the accused may be convicted of attempt

Conspiracy is an agreement between two or more people to commit a crime all the people involved must be serious in their intention

Parties to an Offence a) Aiding aiding means to help someone commit a crime b) Abetting abetting means to encourage someone to commit a crime must prove the following two items for aiding and abetting 1) accused had knowledge the person intended to commit an offence 2) the accused actually helped or encouraged the person to commit the offence

all charged with the same offence except the accessory after the fact to counsel (suggest) or incite (urge) someone to commit a crime is also an offence c) Accessory after the Fact is someone who helps a criminal escape detention or capture one exception to this law is the favoured relationship between a legally married couple d) principle the person who commits the offence all charged with the same offence except the accessory after the fact

Our Criminal Court System the structure and procedures of Canadian courts are constantly changing to provide greater efficiency jurisdiction over the court system is divided between the federal and provincial governments Constitution Act, 1867 gave the provincial governments jurisdiction over the administration of justice in their provinces (provincial courts look after criminal laws) read text pg 115-6 criminal court system in Canada

federal government controls criminal law the Constitution Act, 1867, gave the federal government the authority to set up two other courts Court of Appeal for Canada known as the Supreme Court of Canada and The Federal Court which reviews decisions of federal board and commissions, among other activities it does not deal with criminal law

Criminal Offences and Procedures a) Summary and Minor Indictable Offences Procedures must be charged within six months of committing an offence court judge hears the evidence and gives the verdict for traffic offences a court appearance is not necessary if you are signing the guilty plea on the ticket citation and you pay the fine

b) Indictable Offences Procedures no time limit for the laying of a charge minor indictable offences are treated much like summary offences serious indictable offence the accused can choose between having a provincial court judge or a higher court judge or a judge and jury most serious indictable offences are treated by a judge and jury in the case of murder and treason