1. Ch.6 - Introduction to Criminal Law

2. What is a crime? ► An action, or omission of an action, that is prohibited by the criminal code. ► Behaviour that is harmful to society. ► Whatever society decides is a crime.

3. 4 Conditions of a Criminal Act 1. The action must be considered wrong by society. 2. It must cause harm to society generally or to those in need of protection. 3. The harm must be serious in both nature and degree. 4. The action must be best dealt with in the criminal justice system (rather than civil) to deter others from doing the same.

4. R v. Coyne (p.109)

5. 2 Elements of an Offence: ► The Actus Reus : The prohibited act, as defined in the criminal code. ► The Mens Rea : The required intent (intention) to commit the act.

6. Some terminology: ► The lawyer for the accused (the person CHARGED with an offence) is the DEFENCE lawyer. ► The lawyer for the state (society) is the CROWN prosecutor. ► An individual is presumed innocent until proven guilty. ► Criminal offences must be proven beyond any reasonable doubt.

8. Charter Right 11b “Trial within a reasonable time” ► See R v. Askov (p.112)

9. Chapter 7: Criminal Offences Person Property Morality

10. Classification of Offences

11. Summary Conviction Offence: less serious offences Causing a disturbance in a public place Loitering Being in an illegal gaming house Driving a someone’s car without permission ► (Generally) Trial cannot proceed if more than 6 months have passed between the time of the act and the start of trial proceedings. ► Max penalty: 6 months and/or $2000.

12. Indictable Offences: more serious offences MurderArson Making/using counterfeit money Forgery ► No limit on time between act and laying of charges. ► Once charged, trial should be within reasonable time (6 months) ► Police have broader search powers when investigating indictable offence. ► If facing 5+ years, may have Jury.

13. Hybrid ► May be treated by the Crown as summary conviction or indictable. ► Indictable until stated otherwise. ► Examples: Theft under $1000 Mischief Calling false fire alarm Conspiring/attempting to commit an offence. See R v. Quinn (p.127)

14. Offences against the person (people) ► (Approximately 10% of all crimes reported. ► Homicide  Murder (1 st degree, 2 nd degree)  Manslaughter  Infanticide See Droste v. The Queen (p.131) See R v. Latimer (p.132) ► Counselling or aiding suicide ► Assault ► Sexual Assault

15. Robert Latimer

16. Offences Against Property ► Theft  Colour of right (see r v. Hemmerly) ► Robbery ► Break and Enter  Something does not have to be broken  If you illegally enter someone’s home, you can be charged with: unlawfully being in a dwelling house ► Mischief (damage) ► Fraud (intentionally deceiving public or person causing a loss)

17. Offences Against Morality ► Gambling  Keeping an illegal gaming house (max. 2 yrs)  Cheating at play  Being in a gaming house without lawful purpose (summary conviction) ► Prostitution  Requiring payment for a sex act is not illegal but everything surrounding it is! (UPDATE: Currently this law has been struck down and is in the appeals process.)  Procuring: assisting in the process ► Obscenity  Publications exploiting sex (violence)

18. Other Terms relevant to Criminal Law ► Party to an offence  Indirect involvement in offence  Seriousness depends on seriousness of offence  Aiding: giving assistance  Conspiracy: clear plan, no execution.  Abet: encourage or help  Accessory after the fact: Provide comfort/assist after the offence.  See R v. Martineau (p.146) All of these are difficult to clarify when applying to real life situations.