1. Violent Crimes

2.  Offences against the Person and Reputation- Part VIII of the Criminal Code  Violent in nature and cause harm to the human body  Also: wilfully promoting hatred (offence against a person’s reputation)  Homicide, Assault, Sexual Assault, Other sexual offences, abduction and robbery

3. 2006 Homicide Statistics  Page 218  605 Homicides(USA: 17,000)  Rate per 100,000 is the key stat: Ontario has a rate of 1.5  Homicides by Accused-Victim relationships

4. Homicide  Killing of another human being- Culpable Homicide  Culpable- a person causes the death of a person on purpose (or reckless)  Non-culpable homicide is not an offence- results from a complete accident- lacks intent- can include self-defence  See diagram on page 219

5. Murder  Intentional killing of a person  Direct intent is not necessary for Murder to occur (set fire to a house but someone was inside and they die)  1 st degree Murder- “Planned and Deliberate”  Planned- a scheme that has been thought out carefully  Deliberate means the act is not impulsive  The victim is a law enforcement agent  The death occurs while another crime is being committed- hijacking, sexual assaults, kidnapping and forcible confinement and hostage taking

6. 2 nd Degree Murder  All other types of murder are considered 2 nd degree  Minimum sentence for both are life in prison- it’s the possibility of parole that is different- 1 st Degree- 25 years, 2 nd Degree- 10 years  Causation- cause of death  R. v. Nette page 220

7. Manslaughter  Causing the death of a person by means of an unlawful act  It is not murder and only requires general intent  Speeding and killing someone is not murder- unless you sped up to actually hit someone  Murder charges often become convictions of manslaughter- only if one of these two defences is used successfully:  1. Provocation: in the heat of passion caused by sudden provocation  2. Intoxication: if someone failed to develop the specific intent

8. Assault  Three levels of assault- based on the severity and corresponding penalties: Level One: Assault Level Two: Assault causing bodily harm Level Three: Aggravated Assault  All assaults have two common elements: the accused must have intent to carry out the attack and cause harm and there must be no consent by victim

9. Level One Assault  Applying intentional force to someone  Attempting or threatening, by an act or gesture to apply force against someone  Approaching or blocking the way of another person  Harmful words however are not assault  Assault carries with it a maximum penalty of 5 years in prison

10. Level Two Assault  Physical attack involving a weapon  Bodily harm is required which requires medical attention  Bodily harm is anything that interferes with the victim’s health or comfort  Maximum penalty if 10 years imprisonment

11. Level Three Assault  An attack so severe that the physical injuries may threaten the life of the victim.  Happens if a person wounds, maims or disfigures or endangers the life of the victim  The mens rea needed is that there was only intent to commit bodily harm  The maximum penalty is 14 years in prison

12. Sexual Assault  Specific form of assault that involves unwanted sexual attention  Three level of sexual assault  1983 C- 127 changed the language is our sexual assault laws  Very controversial area of the criminal code- changes are often asked of this area of crime

13. Sexual Assault  Level one is similar to level one assault it involves intention unwanted sexual attention  Could also involve the victim’s sexual integrity being violated  Can include minor physical injury to victim or no injuries at all  Max punishment of 10 years  Example is a charge for molestation- non-consensual forced sexual behaviour

14. Sexual Assault  Level two involves sexual assault with a weapon  Can include an imitation of a weapon or threats or any sexual behaviour that causes bodily harm  Max Punishment of 14 years  Level Three is aggravated sexual assault. A sexual attack so serious that the victim’s injuries may be life threatening- max penalty of life

15. Consent and Rape Shield  This is simple- there can be no implied consent- No means No and Yes means Yes…end of story  Rape Shield- Bill C-49- during a trial the complainant (the person who has made the complaint about being sexually assaulted)cannot have their sexual history cross examined.  The defendant would often try and use the past sexual behaviour of the complainant to discredit their testimony

16. Age of Consent  2008- 16 years old is the age of sexual consent  Where this is a person of trust- (coach, doctor, teacher) the age of consent is 18  The Criminal Code also defines “close in age” or “peer group” exceptions: for example a 14-15 year old can consent to engage in sexual activity with another person who is less than two years older  2005- offence of sexual exploitation- the courts in this case try and determine if a relationship is exploitative depending on various criteria

17. Abduction  Involves capturing and carrying off a person by force against his or her will  It is not kidnapping because abduction refers to removing a person under the age of 16 from the care of a parent or guardian  Max punishment is 10  Only added to the code in 1983

18. Robbery  Illegally taking someone’s property without permission  Robbery must include theft involving violence or threat of violence using a weapon  To prove this the victim has to show that they felt threatened and that there were reasonable and probably grounds for fear  A finger has been found to be a weapon in robbery cases  Max punishment is life