1. Test 3 Review

2. ELEMENTS OF A CRIME To convict a person of a criminal offence in Canada, the Crown must usually prove that two elements existed at the time the offence was committed: the act itself and the intention to commit the act. Actus Reus + Mens Rea= CRIME “the guilty act”“the guilty mind” Demonstrates a voluntary action, omission or state of being that is prohibited by law Demonstrates that the act was intentional, knowing, negligent, reckless or willfully blind

3. Exceptions to Actus Reas: Being forced by another person Sleepwalking Reflex reaction (ie: epileptic seizure)

4. Understanding Mens Rea: The Crown can establish mens rea through: 1) Intent 2) Knowledge 3) Criminal negligence 4) Recklessness 5) Willful blindness

5. 1) INTENT A state of mind in which someone desires to carry out a wrongful action, knows what the results will be and is reckless regarding the consequences. There are two types of intent: General Intent and Specific Intent

6. Two types of Intent: General Intent – the desire to commit a wrongful act, with no ulterior motive or purpose. This is easier to prove than specific intent. For example: assault to vent anger, jealously or frustration. Specific Intent – the desire to commit one wrongful act for the sake of accomplishing another. For example: assault for the sake of theft

7. Motive verses Intent Motive – is the reason a person commits a crime. Intent – is the person’s state of mind and willingness to break the law. For instance, if Kim kills her mother to receive an inheritance. Motive = inheritance Intent = was it planned and deliberate? Motive can not prove a conviction in a murder trial because it is not one of the elements of a crime.

8. 2_KNOWLEDGE An awareness of certain facts that can be used to establish mens rea. For example: If a person knew a document was forged and used it anyway. The word “knew/know” indicates the mens rea of the offence. To establish guilt, the Crown only has to establish that the accused knew the document he or she used was forged.

9. 3) CRIMINAL NEGLIGENCE reckless disregard for the lives and safety of others, sometimes causing serious injury or death. For example, leaving a loaded gun in a house with children.

10. 4) RECKLESSNESS Consciously taking an unjustifiable risk that a reasonable person would not take. For example, driving without your prescription glasses and getting into a serious accident.

11. 5) WILFUL BLINDNESS A deliberate closing of one’s mind to the possible consequences of one’s actions. For example, buying a TV from a fellow student which clearly has the name of the school board on the TV. The price is too good to pass up, so you buy it but in your mind you likely knew it had been stolen.

12. INVOLVEMENT IN A CRIME Perpetrator- person who actually commits the crime. 2 people = co-perpetrators Aiding – helping a perpetrator commit a crime. You don’t have to be on the scene. ie: giving a key to someone to break into a store. Parties to an Offence – those people who are indirectly involved in committing a crime. Abetting- encouraging the perpetrator of a crime without actually providing physical assistance. ie: egging on a perpetrator who is beating someone up.

13. Counselling- advising, recommending or persuading another person to commit an offence. You don’t have to be on the scene. ie: advising a perpetrator the best way to accomplish a criminal act. Accessory After the Fact- someone who knowingly receives, comforts or assists a perpetrator in escaping from the police. ie: allowing a perpetrator to hide out at your house. Party to Common Intention- the shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit. ie: If 5 people hijack a security truck and one of them shoots and kills the driver, all 5 can be charged with murder.

14. Two types of Incomplete Crimes: 1)Attempt – the intention to commit a crime, even when the crime is not completed. The Crown only needs to prove obvious steps toward committing a crime. Example: terrorist bombing- construction of a bomb, having a bomb in your possession. 2)Conspiracy – an agreement between 2 or more people to carry out an illegal act, even if that act does not actually occur. Example: 2 people who plan to murder, hire a hit man who turns out to be an undercover police officer.

15. Criminal Offences

16. 3 Levels of Offences Summary Conviction Offence Indictable Hybrid

17. Summary Conviction Offences Minor offences < $2000 fine or < 6 months Tried in Provincial courts No Jury Judge only Charges like public intoxication, trespassing. Does not result in a criminal record

18. Indictable Offences More serious crimes i.e. murder, perjury Sentences range from two years to life Sometimes has a minimum sentence If penalty is less than five years it is usually held in the provincial court without a jury If more than it is held at superior court, with option of a jury

19. Hybrid Offences These offences are indictable but have an option to be tried as summary conviction. If the person does not have a record, the crown can lower it to a summary offence. Theft under $5000 Sexual assault

20. Offences Against a Person Homicide Section 222 – a person commits homicide when directly or indirectly, by any means, causes the death of a human being. Culpable – killing that accused is responsible Non-culpable – accused cannot be held responsible. Ex. Self defence, soldiers, executioners.

21. Culpable Homicide 1st Degree Murder 4 Qualifications Section 231(1) 1.Planned and deliberate 2.One person hires another to commit murder 3.The victim is a police officer, prison employee, or other person employed for the preservation of a public place 4.Murder is committed while attempting another serious offence.

22. Infanticide When a mother kills her newborn child. 3 conditions must be passed 1.The accused must be the child’s natural mother 2.The victim must be less than 12 months

23. Infanticide 3. At the time of the killing, the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth.

24. Infanticide Maximum punishment is 5 years. Has to prove she is suffering from post partum depression.

25. Manslaughter - Provocation Provocation – words or actions that could cause a reasonable person to behave irrationally or lose self control. Can be no cooling off period This would drop and charge of 2 nd degree to Manslaughter

26. Assault Most common violent crime 3 levels Level 1 hybrid assault Level 2 assault with a weapon causing bodily harm Level 3 aggravated assault

27. Level 1 Assault Hybrid offence Carries a max of 5 years imprisonment. Intentionally applying force to another person Attempting or threatening by act or gesture Impeding another person or begging, while openly showing a weapon.

28. Level 2 Assault with a Weapon or Causing Bodily Harm Injuring a person in a way that has serious consequences for the victim’s health or comfort. Includes involves carrying using or threatening to use a weapon. Carries a max of 10 years imprisonment

29. Level 3 – Aggravated Assault Most violent level of assault Assault which wounds, maims, disfigures or endangers the life of the victim. Max sentence of 14 years.

30. Sexual Assault Level 1 – most common Victim suffers the least physical injury. Defined as assault which violates the victims sexual integrity Usually involves touching of a sexual nature that is not invited or consensual. Max is 10 years in prison

31. Level 2 Sexual assault Sexual assault with a weapon causing bodily harm Max sentence of 14 years.

32. Level 3 Sexual Assault Aggravated sexual Assault – wounding, maiming, disfiguring or endangering life of the victim of a sexual assault. Max life imprisonment

33. Consent Defence Valid if the accused had an honest and reasonable, even if mistaken, belief that the victim was consenting to sexual contact.

34. Consent Defence Cannot be used when: 1.Victim says “no” by words or physical actions. 2.When the accused is intoxicated and not able to determine if consent has been given. 3.When the accused person was reckless or deliberately blind to the victims responses, or failed to take reasonable steps to find out if the victim was consenting.

35. Motor Vehicle Offences - Dangerous Operation of a Motor Vehicle Vehicle is anything drawn, driven, or propelled by any means other than muscle. Crown must prove that lives of others were endangered. Driver failed to take the same care that a reasonable person would take.

36. Dangerous Operation of a Motor Vehicle Generally is a hybrid offence punishable up to 5 years. Dangerous operation causing bodily harm is 10 years Death would result in 14 years imprisonment

37. Offences Against Property -Theft Taking property without owner’s permission. Colour of Right – the honest belief that a person owns or has permission to use an item. Sentencing depends on the amount stolen.

38. Theft Theft Over- When theft is over $5000 it is an indictable offence with max sentence of 10 years imprisonment. Theft under – When value of good stolen is under $5000 it is a hybrid offence with the max sentence of 2 yrs

39. Robbery The theft of personal property through violence or the threat of violence. Indictable offence with max penalty of life imprisonment. 52 % of thefts involve a weapon.

40. Breaking and Entering Breaking or opening something in order to enter the premises without permission with the intent to commit an indictable offence. Punishable by a maximum charge of 10 yrs if place is a commercial building. Life sentence is place is a residential dwelling house

41. Mischief Wilfully destroying or damaging property or data. Interfering with the lawful use of property or data Hybrid offences. Includes vandalism or doing things that could potentially harm lives If death is caused could be life imprisonment

42. Mischief - Public Mischief Occurs when someone provides false information that causes the police to start or continue an investigation without cause.

43. Fraud Intentionally deceiving someone in order to cause a loss of property, money, or service. Penalties determined by value Less than 5000 could be a summary conviction with a max of 2 years. More than 5000 can be a max of 10 years and is indictable.

44. Prostitution The act of engaging in sexual services for money. Section 231 the prostitute or client can be charged if he or she Stops or attempts to stop any person, or in any way, communicates for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute. Results in a summary conviction offence.

45. Prostitution continued S 210 states keeping a bawdy house is also a summary offence. Place kept occupied or used by a person for the purpose of prostitution. Procuring and living off the money from prostitution is indictable with a max penalty of 10 years, 14 years if prostitute is under 18.

46. Drug Offences - Possession The state of having knowledge of and control over a controlled substance. 3 Points 1.The person must know what the item is and have some measure of control over it. 2.A person may be found in possession even if they gave the item to another person 3.Can be charged even if the person does not own the controlled substance or have it in their possession as long as the person knows about it and consents to its possession by someone else.

47. Trafficking To sell administer transport, send deliver or distribute a controlled substance, or to offer to do any of the above Trafficking or possession for the Purpose of Trafficking have the same penalties.

48. Possession Penalties ScheduleSubstanceMax Penalty 1Opium derivatives (Cocaine, heroin, morphine, Methadone Indictable 7yrs Summary 1 st offence = $1000 – 6 months 2 nd offence 2000 – 1 yr 2Cannabis derivativesIndictable 5yrs Summary = same as above 3Amphetamines and derivatives. (speed, LSD, MDA(ectasy) 3 yrs indictable Summary = same as above 4Barbiturates (valium, steriods) none 5Phenylpropanolaminenone

49. Trafficking Sentences Substance s Type of OffenceMax Penalty 1 or 2 Opiates, Cannabis IndictableLife 3 Barbituates Indictable Summary 10 years 18 months 4 Phenylprop anolamine Indictable Summary 3 years 1 year