Unit 3 –The Criminal Code and Violent Crimes. Mr. Andrez CLN4U - Law Unit 3 –The Criminal Code and Violent Crimes. Mr. Andrez

What is the Criminal Code of Canada? Federal Statute that reflects the social values of Canadians which is amended (changed) to reflect society’s changing values. internet distribution of child pornography removal of criminal record for personal possession of Marijuana.

What is the Criminal Code of Canada? Criminal Code is the main body of criminal law and identified hundreds of acts that are considered criminal. Offences listed in the Code are worded precisely so that citizens are not wrongfully arrested on a criminal charge. Elements required by the Crown must be worded precisely so that they can obtain a proper conviction.

History Canada’s criminal code is rooted in common law of England Up to the 18th Century, England still did not have a Criminal Code. English law was a confusing mix of case law, archaic local offenses, and harsh punishments A written codified Criminal Code was seen to be the solution.

Criminal Code 1892– Canada receives first Criminal Code Sir John A. MacDonald believed in a unified system for the whole country 1st Criminal Code was very unclear and contained many overly harsh punishments Eg. Whipping “Where whipping may be awarded for any offense…the number of strokes shall be specified at sentencing”

Criminal Code Today Current criminal code the result of numerous amendments to accommodate changing of times Abortion was a crime until 1988 Attempting to commit suicide was once a crime At one point in time, incest was not a crime

Functions of the Criminal Code Preventing harm to people and property Injury, death, theft or damage to property Preventing action that challenges gov’t authority and institutions Treason, Riots or Insurrection

Functions of the Criminal Code Discouraging personal revenge Citizens cannot take the law into their own hands In order to effectively discourage vigilantism, citizens must be confident in the justice system in addition to fearing the penalties

Discussion Is it ever necessary to take the law into your own hands? What does it say about our society?

Functions of the Criminal Code Preventing harm to oneself Legal paternalism: when laws are enacted to promote the good of citizens by overruling their own judgment about what is good for them. Essentially, gov’t acts as “father figure” to a nation of children Ex: drugs, prostitution, suicide Legal Paternalism can be defined as the governmentt interfering with a person's freedom for his or her own good. It justifies state coercion to protect individuals from themsleves or self inflicted harm ... This can be seen by laws restricting drug possession, gambling, prostitution and helmet laws

Discussion Legal paternalism Can a crime occur if there is no victim? Pros/cons? Can a crime occur if there is no victim? Consensual crimes Prostitution, possession of obscene material, drugs Individuals who commit these crimes generally know what they’re getting into, and only potentially harming themselves, so are they victimless crimes?

Functions of the Criminal Code Expressing and enforcing morality Is morality subjective or objective? “Cannibalism is moral in a cannibal country.” – Samuel Butler Law must strike balance between reflecting the moral views of the majority while protecting differing opinions of minorities (to a degree)

Crime in Canada - 2010

Violent Crime in Canada

Violent Crime In Canada (2010) Violent Crime Rates (2010)

Violent Crimes Harm to the human body. Historically a part of criminal law (Code of Hammurabi) About 13% of all criminal code offences are of a violent nature. Including: Murder Assault Sexual offences Abduction Robbery

Intentional killing of another person- Intentional killing of another person- although can be charged without intent Murder First degree This is planned &deliberate (considered consequences) Victim is in law enforcement Murder is committed while committing another crime i.e. Robbery Min Penalty … Life with no parole for 25 years Second degree (intentional murder yet does not fit into any of the above categories The deliberate murder of a human . Not Planned Min Penalty … Life with no parole for 10 years

Homicide in Canada

Homicide, police-reported rate, by province and territory, 2010

Manslaughter Causing death of a human, directly or indirectly, by means of an unlawful reckless or negligent act. The act was not deliberate or planned Example: Speeding down a road, crash into a little old lady and kill her. The mens rea - a reasonable person would recognize that the unlawful act could physically harm or kill the victim. 4 years to Life sentence

Mitigating Circumstances: From Murder to Manslaughter When someone charged with murder is convicted of manslaughter the courts will consider Provocation: In the heart of passion (caused by provocation) Provoked by a wrongful act / insult, Must be something that would cause an ordinary person to lose self-control (excepting drug / alcohol) Intoxication: (affects the person’s ability to predict the consequences of their actions Crown must prove both the killing and the necessary intent if the accused uses the intoxication defence

Manslaughter continued The law generally differentiates between levels of criminal culpability based on the mens rea, or state of mind Voluntary Manslaughter occurs when the defendant kills with malice (intention to kill or cause serious harm), but there are mitigating circumstances which reduce culpability or when the defendant kills only with an intent to cause serious bodily harm For example, Dan comes home to find his wife in bed with Victor. In the heat of the moment, Dan picks up a golf club from next to the bed and strikes Victor in the head, killing him instantly.

Manslaughter continued Involuntary Manslaughter is the unlawful killing of a human being without malice (intent). It is distinguished from voluntary manslaughter by the absence of intention. constructive manslaughter It occurs when someone kills, without intent, in the course of committing an unlawful act criminally negligent manslaughter an omission to act when there is a duty to do so which leads to a death An example is where a doctor fails to notice a patient's oxygen supply has disconnected and the patient dies (R v Adomako)

Assault continued 3 Levels of Assault Level 3 - Aggravated Assault Level 2 – Assault Causing Bodily Harm Level 1 - Assault

Assault – Level #1 Defined as "applying” intentional force to another person directly or indirectly with out consent. Key to assault → Intent. If the action is the result of carelessness or reflex, rather than intent → no assault A threat can be an assault if there is an ability to carry it out at the time it is made Attempting or threatening, by an act or gesture, to apply force Approaching or blocking the way of another person, while openly carrying a weapon or an imitation of a weapon

Assault Level #2 – Causing bodily harm When someone, while committing assault, carries, uses, or threatens to use a weapon or imitation of a weapon Causes ‘bodily harm’ Anything that interferes with the victim’s health or comfort in more than a momentary, insignificant way

Assault Level #3 – Aggravated Assault Most severe form of assault When a person maims, disfigures, or endangers the life of the victim Mens rea – only to commit bodily harm Defense of consent may not be accepted in some circumstances of this level of assault

Serious assault (levels 2 and 3), police-reported rate, 1983 to 2009

Sexual Assault Sexual Assault laws rewritten in the 1980s. Before it was simply known as “rape” which implied forced non-consensual sexual intercourse. Three levels - similar to the 3 levels of assault. Important considerations when distinguishing sexual assault Conduct must have occurred in a sexual context The body part touched The nature of the contact Situation in with the assault took place Actus reus of sexual assault is the sexual touching to which the victim does not consent The mens rea of sexual assault can rest in knowledge that the victim gave no consent; or willful blindness (perpetrator avoids asking the victim if consent is being given).

Other Sexual Offenses Law protects young people from being pressured into sexual relationships with older people Forbidden to touch for sexual purposes, a part of the body of a person under 14 Consent irrelevant – unless the accused is less than 3 years older than the victim Forbidden to touch for sexual purposes…. If you are in a position of authority, the body of a person under 18, or the person is in a relationship of trust or dependency with the accused Not knowing the age of the victim is NOT a valid defense.

Other Sexual Offenses continued General offenses Commit bestiality Commit indecent acts in public places Commit incest In the home of a person under 18, participate in sexual immorality thereby endangering the morals of the child or rendering the home as an unfit place for a child to be in Exploit sexually a person with a mental or physical disability

Robbery Theft involving violence Threat of violence Assault Use of offensive weapons Imitation of weapon is accepted by the courts as threat of violence Masking or colouring one’s face with the intent to commit an indictable offense Crown bases its case on the threat of violence Must prove that the victim felt threatened Reasonable and probable grounds for the fear Max = life

Robbery, police-reported rate, by province and territory, 2010

Robbery, police-reported rate, Canada, 1979 to 2009