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Criminal offences

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					Ch.6 - Introduction to
    Criminal Law
              What is a crime?
► An action, or omission
 of an action, that is
 prohibited by the
 criminal code.

► Behaviourthat is
 harmful to society.

► Whatever  society
 decides is a crime.
     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.
R v. Coyne (p.109)
    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.
             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.

         offences must be proven beyond any
► Criminal
  reasonable doubt.
           Charter Right 11b
   “Trial within a reasonable time”


► See   R v. Askov (p.112)
   Chapter 7:
Criminal Offences
       Person
      Property
      Morality
Classification of Offences
     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.
              Indictable Offences:
              more serious offences
Murder
Arson
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.
                         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)
 Offences against the person (people)
► (Approximately   10% of all crimes reported.

► Homicide
   Murder (1st degree, 2nd degree)
   Manslaughter
   Infanticide
See Droste v. The Queen (p.131)
See R v. Latimer (p.132)
► Counselling or aiding suicide
► Assault
► Sexual Assault
Robert Latimer
          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)
         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)
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.

				
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