4.2 NATURE OF CRIMINAL LAW 4.3 THE POWER TO MAKE CRIMINAL LAW 4.4 TYPES OF CRIMINAL OFFENSES 4.5 THE ELEMENTS OF A CRIME Criminal Law

The Need for Criminal Law Purposes of criminal law: Purpose of responses: Rehabilitation Prevent recidivism Address underlying issues Reintegration into community Protection/Prevention Threat of punishment Sets standards Punishment Isolation Deprivation

The Nature of Criminal Law “The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.” Conditions for Criminality The action must harm other people. The action must violate the basic values of society. Using the law to deal with the action must not violate the basic values of society. Criminal law can make a significant contribution to resolving the problem. (Law Commission of Canada)

Elements of a Crime Actus reus Wrongful deed that is prohibited by law. Action/failure to actMust be present at the same time Mens rea A guilty mind Intent True purpose of the act General (limited to the act, no further criminal purpose) Specific (further criminal purpose) Knowledge Need not prove an intent… Recklessness Careless disregard, even if intent to harm not present.

Elements of a Crime “In the case of R v. Daviault (1994) the Supreme Court of Canada ruled that “extreme drunkenness” was an appropriate defense for certain crimes, for example sexual assault. It argued that the intoxication of the defendant was so extreme that the situation was unlikely to happen again.” What element of a crime is missing in such a situation? Should self-induced intoxication be a reasonable defense? Cases page 109, 111 (2) and 113.

The Criminal Code of Canada

Criminal Code of Canada: History England resistant to codification, colonies experimented including India, Honduras, Tobago St Lucia, Jamaica Canada’s Efforts Codification a goal of Sir John A Macdonald set out explicit authority to federal government consolidation in coinage offenses, forgery, larceny, personal, property, perjury, procedure Original Criminal Code achieved "Just think of it Canada in the van! The first to enact a complete codification. It is far and away the best measure of the kind ever submitted to any legislature."

Criminal Code of Canada: Selections

Criminal Code of Canada: Common Crimes Robbery 9% Assault Level 1 65% Assaults Level 2 and 3 15% Sexual Assault 8% Other 3%

Criminal Code of Canada: Common Crimes homicide culpable homicide non-culpable homicide murder manslaughterinfanticide first degree second degree accidentalself-defense Section 231 Planned and deliberate Law enforcement officer In concurrence with other crime Related to criminal harassment While using explosives Related to terrorism All other intentional murder (heat of the moment) unintentional, directly, indirectly by means of unlawful act result if defense of provocation or intoxication used in murder case (mens rea)

Criminal Code of Canada: Common Crimes Level 1 Level 3 Level 2 Severity Punishment Assault direct/indirect intentional force without consent attempting/threatening to apply force Approaching, blocking, begging with weapon/imitation of Assault causing bodily harm committing Assault while using a weapon or causing bodily harm bodily harm: interfere with health/comfort in more than a fleeting way Aggravated Assault committing Assault that wounds, maims, disfigures or endangers life mens rea required: commit bodily harm

Criminal Code of Canada: Offenses and Penalties Indictable Offenses Life Imprisonment Accessory (murder), Criminal negligence causing death, Extortion Mail interference, Sexual assault (aggravated), Terrorism 14 years Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery 10 years Abduction (under 14), Prison breach, Theft over $ years Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling 2 years Abandoning child, Common bawdyhouse, Dueling Summary Offenses 6 months Coin defacing, Impersonating a peace officer, Soliciting Hybrid Offenses False alarm fire, Mailing obscene matter, Uttering threats

Criminal Law Unit Youth JusticeVictims’ Rights Young Offenders Act Underlying issues of crime Sentencing and incarceration Investigation ProcessOffenders’ Rights Evidence Forensics Witnesses Inter-agency cooperation Trial Crown case Defense Case Available defenses Judges and Judgments Sentencing Jails

Legal Research Purpose: To investigate a topical criminal law-related news event from the legal perspective To become familiar reading and interpreting the Criminal Code of Canada To become familiar with legal research Instructions: From a Canadian newspaper (national or local), select an article that reports on a specific crime. Identify precisely what section of the Criminal Code has been contravened. Read that section and related ones. Summarise the case, the Criminal Code section and the penalties. Discuss the high values/social values that have been contravened, and how those have changed, or will change, over time. Should this section be subject to reform? Why or why not. Be specific. Produce: A one to two page report. Bibliography (see style guide on Library website, MLA format) Resources: See mscoates.wordpress.commscoates.wordpress.com