1. CH. 6 THE NATURE OF CRIME Guilty or innocent ???

2. DEFINING CRIME gg What is a crime? An act or omission of an act that is prohibited by law. Four Conditions of a Crime: 1. The act is considered wrong by society. 2. The act causes harm to society. 3. The harm must be serious. 4. The harm must go through the justice system. Note - Society’s harms may vary from “time to time” & “place to place”. Examples: ggAmsterdam Pick a Crime!

3. CRIMINAL LAW The body of laws that prohibit & punish acts that injure people property, & society as a whole Main purpose of criminal laws: 1. protect people & property. 2. maintain order. 3. preserve standards of public decency Read p. 161 – “Shooting up Legally” p. 164 #1-8.

4. gg THE CRIMINAL CODE OF CANADA (CCC) A federal statute that contains most of the laws in Canada. -List the laws and sentences. - Parliament amends it as society changes. Ex. - Computers - 1976 Death Penalty - Firearms - Identity Theft The CCC was intended to include all crimes in Canada. Other statutes that contain criminal offences: Controlled Drug & Substance Act The Customs Act The Competition Act (Can. Economy) Youth Criminal Justice Act (Old YOA) Food & Drugs Act The Income Tax Act PROVINCIAL JURISDICTION Quasi-criminal Laws – Less serious laws that are made at the Prov. & municipal levels. Ex. Liquor Control Act (Age, licences, etc.) Wildlife Act (C.O. / Fish & Game) Highway Traffic Act (Licence / Speed)

5. ELEMENTS OF A CRIME ‘ACTUS REUS’ ‘MENS REA’ CRIME The Intent of a Wrong -“The guilty Mind” A deliberate act. -Knowingly - act is a crime. - Reckless disregard for the consequences. The Guilty Act - Can include failing to do something. Ex. Helping an officer/leaving. -Includes “state of being” Ex.’ In possession of’ (Break in Tools, stolen goods, child porn, at a gaming house) -Must be voluntary. Ex. Forced to steal or else.. R. v. Boudreau – p. 165 Case on p. 167. Use your phones and look up current event cases. What is the actus reus? Mens Rea?

6. Oscar Pistorius Actus Reus & Mens Rea Was there intent?

7. ELEMENTS OF MENS REA RECKLESSNESS Taking stupid risks that a reasonable person would not. Ex. No glasses while Driving “R. v. SDD – p. 169” CRIMINAL NEGLIGENCE Reckless disregard for the lives & safety of others. Ex. Leaving a loaded gun out. MOTIVE – The reason a person commits a crime INTENT Accused meant to do something wrong - includes recklessness knowing consequence. General Intent – A wrong act with no further motive. Ex. Punch in face = assault. Specific Intent - A wrong act with other motives. Ex. Punch in face & then steals = Robbery. KNOWLEDGE – Awareness of facts that = Mens Rea. Ex. Knowing & using a forged document. LIABILITY Legal responsibility for a wrong action (lesser offences) Strict – Crown doesn’t need to prove Mens Rea. Ex Dog ticket Due diligence = defence Absolute – Same as Strict but no defence. Ex. Driving with no license. WILFUL BLINDNESS Deliberately closing your mind & ignoring consequence Ex. Buy stereo from car trunk R. v. Beatty p. 172 p. 173 #1-6

8. INVOLVEMENT IN A CRIME ACCESSORY AFTER THE FACT – Helping someone escape/hide from the police. PERPETRATOR – The person who actually commits the crime. ABETTING – Encouraging a perpetrator to commit a crime Egging someone on gg AIDING – Helping a perpetrator commit a crime. COUNSELLING – Advising, recommending, or persuading another person to commit a crime. Ex. Advice on how to = a crime. Does not have to be at the scene of a crime CONSPIRACY – An agreement between two or more to commit a crime; even if it does not happen. PARTY TO COMMON INTENTION – All perpetrators held accountable for any additional offences. Ex. Intend to rob but end up killing. All parties are charged with murder. ATTEMPT – Even if unsuccessful in trying to commit a crime you may be charged. Tobacco Co. – p. 174 R. v. JFD,MSH,CRS p. 176

9. ASSIGNMENT Do page180-181. Quick Quiz Checking your knowledge. #1-9 Do page 177, #1 - 5. Discuss – “Issue” p. 178 ????

11. Issue p.178 SWASTIKA Originally derived from words “”su” & “asti” Translation = “it is well” / “well-being” Hindus & Buddhists = Good fortune / success 1920 Europe = Good Luck Found on: - Art - Poker Chips - Children’s Books - Board Games Prior to Nazi Germany the Greeks, Native Americans, Africans, and even ancient Troy had used the symbol. German dentist brought Hitler the first rendition & it was adopted As official on Sept.15 th, 1935. Flying the Swastika in Germany today is a serious crime Swastika Ontario. Founded in 1908 Should they have changed the name?

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