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Chapter 4
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Criminal Law Criminal Law – offences against society
Civil Law – offences against individuals (person to person) Penalties help deter people from committing crimes Guidelines for an action to be subject to Criminal Law : Harm other people Violate basic values of society The law can help resolve the problem
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Types of Criminal Offences
Quasi – Criminal Law (not Criminal) (Bylaw officers, traffic violations) Summary Conviction offences Minor offences Dealt with quickly (max. 6 months jail, $2000 fine) Indictable offences Serious crimes with serious penalties Hybrid offences The judge has the choice to make it summary or indictable depending on defendants history, severity of offence, etc.
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Requirements of a Criminal Offence
Actus Reus A wrongful deed Mens Rea A guilty mind Intent or knowledge or recklessness Intent or Knowledge General Intent – to preform the one action Specific Intent – has further criminal purposes in mind Knowledge Knowledge of certain facts that a reasonable person would know (using bad credit card) Recklessness Careless disregard for possible results of an action
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Offences without Mens Rea Motive
Minor offences (ex. Speeding, short weighting food, etc. Motive A reason for someone to commit a crime; a person can have a motive without committing any crime
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Criminal Acts Attempt Conspiracy Aiding Abetting
Intends to commit a crime Attempt begins when the person takes the first step toward committing the crime Conspiracy Agreement between 2 or more people to commit a crime or do something illegal Aiding Helping someone commit a crime Abetting Encouraging someone to commit a crime Accessory after the fact Someone helping a criminal escape detention or capture in any way
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Criminal Procedures Quasi-criminal offences
Not guilty requires a court appearance, paying fine and signing ticket is sufficient of guilty plea Summary offences (minor indictable) Must be charged with in 6 months Indictable offences No time limit Serious crimes, the accused chooses the trial procedure (jury/judge or judge or higher court)
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