Criminal Law What is a crime? Basics Elements of Crime.

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Presentation transcript:

Criminal Law What is a crime? Basics Elements of Crime

What is a Crime? All prohibited acts are products of legislation All prohibited acts are contained in statutes, such as the Criminal Code of Canada Social consensus- certain conduct is considered wrong by society Non-consensus- certain conduct is considered undeserving of punishment by many members of society (assisted suicide, marijuana, prostitution)

What is Criminal Law? Body of jurisprudence that includes, definitions of crimes, penalties of such crimes, outlines principles of criminal responsibility and indicates defences to charges Sources of Law: Statute Law (legislation) and Judicial Decisions (Case Law- Precedent)

What is Criminal Law? Indictable Offences- major/serious, “true crime” Summary Offences- minor, “true crime” as well Hybrid offences- allows for the Crown to direct the path of legislation as they see fit Qusai-Criminal- regulatory offences- non- serious, not technically crimes but acts against legitimate behaviour (fishing, driving, etc.)

The Basic Elements actus non facit reum nisi mens sit rea (an act does not render a person guilty unless his or her mind if also guilty) i) a particular event of state of affairs was ‘caused’ by the accused person’s conduct (ACTUS REUS) ii) that this conduct was simultaneously accompanied by a certain state of mind (MENS REA)

Actus Reus The Guilty Act- conduct that is voluntary or an omission constituting the central feature of the crime What the accused did, or didn’t do and in some cases the consequences of that action The act must be voluntary the Stone case automatism

Mens Rea Refers to all the mental elements that the Crown must prove beyond a reasonable doubt Mens Rea changes its nature from one offence to another- theft and murder have different mental elements Combination of mental states

Mens Rea Subjective mens rea: (i) deliberately intended to bring about the consequences prohibited by law (ii) acted recklessly despite their knowledge of the risks involved (iii) were wilfully blind in that they deliberately closed their mind to the obvious criminality of their actions

Mens Rea Conviction of 1 st Degree Murder on the basis of Willful Blindness Article study

Mens Rea Objective mens rea: a person should be convicted not that they intended to bring about the consequences but rather reasonable people in the same situation would have understood that they conduct was creating a risk and would have taken action to avoid it ex. Creighton trafficking in narcotics (which also includes administering drugs)- victim died as a result of being injected any reasonable person would have foreseen the risk of doing this act despite the non-intention of the death

Mens Rea The following are crimes that have been characterized by the courts as requiring objective mens rea: Manslaughter, dangerous operation of a motor vehicle, assault causing bodily harm, criminal negligence causing death or bodily harm Marked departure is the standard in objective mens rea offences is necessary to be indicated guilty R. Beatty