Ch.6 - Introduction to Criminal Law. What is a crime? ► An action, or omission of an action, that is prohibited by the criminal code. ► Behaviour that.

Slides:

Advertisements

Similar presentations

The Nature Of Crime Chapter 6.

Advertisements

Criminal Law. n Crime – an act or omission of an act (failure to act) that is prohibited and punishable by federal law n Criminal law – the body of laws.

Criminal Offences Chapter 9.

90 Introduction to Criminal Law. 90 Dimensions of a Crime The main source of criminal law in Canada is the Criminal Code. It describes which acts are.

CHAPTER 2: CRIME Area of Study 2: Criminal Law. The need for criminal law Read The need for criminal law, Definition of a crime, Elements of a crime,

Introduction to Criminal Law Trials. The criminal justice system is a system of rules, roles, and procedures that determine whether or not someone has.

Chapter 1 The nature of crime

Chapter 10 Criminal Law and Procedure. 2 Civil Law and Criminal Law Major differences: Civil (Tort)Criminal PreponderanceBeyond Reasonable Doubt DamagesJail.

Offences against People, Property and Others

B Phaneuf  There are three levels of crimes in Canada: 1. Summary Conviction Offences – crimes that are considered less serious and carry a lighter.

The Elements of Crime --Law 120. What is a crime? Any act or omission of an act that is prohibited and punishable by federal statute.

CRIMINAL LAW. Criminal lawmaking is the jurisdiction of the Federal government.

Criminal Law Offences Chapter 7. Criminal Offence against the law Types of Offences Summary Conviction Offence less serious Indictable Offence more serious.

Summary Vs. Indictable examples procedures sentences.

The Elements of A Crime Levels of Offences Involvement.

A guilty state of mind: means that the prohibited act was done intentionally, knowingly, or willingly. When lawyers discuss the requirement for a guilty.

The criminal courts; procedure and sentencing

Crimes in Canada Audrius Stonkus.

Criminal Law. A Crime is any action or omission of an act that is prohibited and punishable by law. A Crime is any action or omission of an act that is.

Chapter 4 Criminal Law and Criminal Offences

The Elements of a Crime Chapter 6, LIA. Criminal Offences For all criminal offences, it is necessary to prove two elements:For all criminal offences,

The Elements of a Crime Law 120 – Intro Unit. The Elements of a Crime  Two conditions must exist for an act to be a criminal offence: actus reus and.

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

Criminal Code Test Review Law 120 Mr. Denton Harrison Trimble High School 2008.

CRIMINAL LAW ‘The only thing necessary for the triumph of evil is for good men to do nothing.’ Edmund Burke ( ), British parliamentarian and political.

a) The power of arrest for a citizen or police b) The rights of the accused c) How the trial will proceed (in which court) and d) What penalty will.

Criminal Law Unit 2. Why should some behaviors be considered a crime? Victims of the behavior Direct – crime against specific person(s) Indirect-society.

WHAT IS CRIME? IT IS SENSATIONALIZE BY TV, NEWSPAPERS AND MYSTERY NOVELS. CRIMINALS CAUSE GRIEF AND SUFFERING TO THEIR VICTIMS AND COST THE TAXPAYERS BILLIONS.

Chapter 4 The Law.

Defences are used to prove that the accused is not guilty of the offence, or guilty of a lesser offence. The best defence is an alibi. The alibi must.

CRIMINAL CODE Summary Conviction Offences QUASI-CRIMINAL LAW Hybrid Offences Indictable Offences MOTIVE ACTUS REUS MENS REA INTENTKNOWLEDGE RECKLESSNESS.

Mischief:  Definition – to willfully destroy or damage property or data; interfering with the lawful use of property or data; interfering with any person.

 Contained in Part VIII of the criminal code, it includes crimes in which the victim is threatened, injured or killed.  Violent crime is actually.

Quick! What is a crime?. So, just how much has to be proven in court to find someone guilty of a crime? Burden of Proof The prosecution has the burden.

Unit 3 Criminal Law Chapter 4.

Chapter 8 – Crime and Criminal Law Unit 3 – Criminal Law Level of Offences.

Introduction to Criminal law

Criminal Code Test Review Law 120 Mr. Denton Harrison Trimble High School 2008.

LEVELS OF OFFENCES Criminal offences are handled differently depending on the seriousness of the crime.

Actus Reus and Mens Rea. Actus ReusMens Rea What Do They Mean? -Means a “wrongful deed” -The physical or guilty act, omission, or state of being that.

a) The power of arrest for a citizen or police b) The rights of the accused c) How the trial will proceed (in which court) and d) What penalty will.

Principles of criminal liability Chapter 2.1

1.A guilty state of mind: means that the prohibited act was done intentionally, knowingly, or willingly. 2.When lawyers discuss the requirement for a.

What is a crime? Criminal law 1. What are we going to learn about? In this part you will learn about: the principles of criminal liability, crimes and.

Copyright © 2005 Pearson Education Canada Inc.3-1 Chapter 3 Patterns of Crime.

TYPES OF CRIMINAL OFFENCES. SUMMARY CONVICTION OFFENCES Minor criminal offences People accused of these can be summoned to court without delay Max penalty.

The Criminal Code of Canada: An Introduction

Kissing in public is not a crime in Australia, however in Middle Eastern Countries such as Saudi Arabia, kissing someone of the opposite sex in public.

Criminal Offences In Canada Law 12. Crime In Canada Since 1992 the crime rate has been dropping in Canada. This is the case for both property and the.

Three Types of Offences. Criminal Laws are considered to be offences against society. Criminal Law is intended to maintain order in society. Criminal.

What Makes a Crime? Ch.4 Lesson 1. Purpose of Criminal Law  If someone broke in your house and stole your stuff, CRIMINAL Law would charge them for breaking.

Canada’s Justice System Chapter 2 Review. No one, no matter how important or powerful, is above the law - not the government; not the Prime Minister;

{ Types of Criminal Offences SLO: I can understand different types of criminal offences.

The Nature of Crime. Defining Crime and Criminal Offenses In general, four conditions must exist for an act or omission to be considered a crime. 1.The.

Unit 3 INTRODUCTION CRIMINAL LAW. WHAT IS A CRIME? Turn to your neighbour and brainstorm what you think a “crime” is Write your definition down in 3-4.

Criminal Offences Against Property

A crime is… Against the law Against morality Harmful to society

Group Activity: Working in Groups of 4 (not with the people you worked with yesterday) share your Criminal Case Analysis with your group members.

Overview of Criminal Law

Criminal Offences.

The Elements of a Crime.

Three Types of Offences

Introduction to Criminal Law

Introduction to Criminal Law

Unit 3 INTRODUCTION CRIMINAL LAW.

What is a crime? Basic Elements of Crime

Chapter 4 Review before the TEST!!!

Presentation transcript:

Ch.6 - Introduction to Criminal Law

What is a crime? ► An action, or omission of an action, that is prohibited by the criminal code. ► Behaviour that is harmful to society. ► Whatever society decides is a crime.

4 Conditions of a Criminal Act 1. The action must be considered wrong by society. 2. It must cause harm to society generally or to those in need of protection. 3. The harm must be serious in both nature and degree. 4. The action must be best dealt with in the criminal justice system (rather than civil) to deter others from doing the same.

R v. Coyne (p.109)

2 Elements of an Offence: ► The Actus Reus : The prohibited act, as defined in the criminal code. ► The Mens Rea : The required intent (intention) to commit the act.

Some terminology: ► The lawyer for the accused (the person CHARGED with an offence) is the DEFENCE lawyer. ► The lawyer for the state (society) is the CROWN prosecutor. ► An individual is presumed innocent until proven guilty. ► Criminal offences must be proven beyond any reasonable doubt.

Charter Right 11b “Trial within a reasonable time” ► See R v. Askov (p.112)

Chapter 7: Criminal Offences Person Property Morality

Classification of Offences

Summary Conviction Offence: less serious offences Causing a disturbance in a public place Loitering Being in an illegal gaming house Driving a someone’s car without permission ► (Generally) Trial cannot proceed if more than 6 months have passed between the time of the act and the start of trial proceedings. ► Max penalty: 6 months and/or $2000.

Indictable Offences: more serious offences MurderArson Making/using counterfeit money Forgery ► No limit on time between act and laying of charges. ► Once charged, trial should be within reasonable time (6 months) ► Police have broader search powers when investigating indictable offence. ► If facing 5+ years, may have Jury.

Hybrid ► May be treated by the Crown as summary conviction or indictable. ► Indictable until stated otherwise. ► Examples: Theft under $1000 Mischief Calling false fire alarm Conspiring/attempting to commit an offence. See R v. Quinn (p.127)

Offences against the person (people) ► (Approximately 10% of all crimes reported. ► Homicide  Murder (1 st degree, 2 nd degree)  Manslaughter  Infanticide See Droste v. The Queen (p.131) See R v. Latimer (p.132) ► Counselling or aiding suicide ► Assault ► Sexual Assault

Robert Latimer

Offences Against Property ► Theft  Colour of right (see r v. Hemmerly) ► Robbery ► Break and Enter  Something does not have to be broken  If you illegally enter someone’s home, you can be charged with: unlawfully being in a dwelling house ► Mischief (damage) ► Fraud (intentionally deceiving public or person causing a loss)

Offences Against Morality ► Gambling  Keeping an illegal gaming house (max. 2 yrs)  Cheating at play  Being in a gaming house without lawful purpose (summary conviction) ► Prostitution  Requiring payment for a sex act is not illegal but everything surrounding it is! (UPDATE: Currently this law has been struck down and is in the appeals process.)  Procuring: assisting in the process ► Obscenity  Publications exploiting sex (violence)

Other Terms relevant to Criminal Law ► Party to an offence  Indirect involvement in offence  Seriousness depends on seriousness of offence  Aiding: giving assistance  Conspiracy: clear plan, no execution.  Abet: encourage or help  Accessory after the fact: Provide comfort/assist after the offence.  See R v. Martineau (p.146) All of these are difficult to clarify when applying to real life situations.