Chapter 3: Criminal Law

Question 1

What is Criminal Law?

Answer 1

The theory of law (jurisprudence) that defines crime, penalties, criminal responsibility, and criminal defence

Question 2

What two elements make up a crime according to law?

Answer 2

1. Prohibition of conduct
2. Penalty for said conduct
   BOTH of these elements must be directed against a public evil in order for federal law to come into play

Question 3

Describe the different types of criminal Law

Answer 3

1. Substantive Criminal Law: Defines the different offences, what is required for conviction, and different defences
2. Quasi-Criminal Law: Acts concerning health, education, highways, liquor control, etc. that don’t actually constitute “true crime”, but are against the law. a.k.a regulatory offences (only actus reus required for these offences)
3. Judge-made Criminal Law: a.k.a common law. laws that are not actually written in the criminal code, but stand in every judge’s court so long as they remain consistent with the criminal code

Question 4

What is the impact of the Canadian Charter of Rights and Freedom on the formation of Criminal Law?

Answer 4

The Charter gives every citizen the right to life and liberty, and if any criminal law defies that, it must be changed unless this is infringement of rights contributes to the greater good. e.g. medically assisted suicide: The person must give CLEAR consent that this is what they are asking for, and they are enduring intolerable pain

Question 5

How does one become a party to a criminal offence?

Answer 5

If you:

1. Commit a crime
2. Help someone to commit a crime
3. Encourage (abet) someone to commit a crime: Applies even if the crime counselled is executed differently, or does not happen
   * If several members conspire to commit a crime, and only one person carries it out, all parties are still guilty
   * A person can only be considered “withdrawn” from a group crime if it is clearly expressed that they are no longer a part of the common purpose, and makes significant effort to reduce his effects on the crime

Question 6

What are the “tricky bits” about Intoxication, Duress, and provocation?

Answer 6

Intoxication: Will only reduce your sentence, and you have to use specific intention for things such as murder, because typically in a state of intoxication you can only form “basic intents”
Duress: There has to be a threat of death or serious harm, that you genuinely took seriously, when there were no obvious routes of escape, and the only way out was to commit a crime
Provocation: Only a partial defence, which will reduce your sentence of murder to manslaughter. The person has to prove they were deprived of self-control, and really only works if the victim was assaulting the accused

Question 7

What are some exceptions to Actus Reus

Answer 7

1. Perjury: Don’t need to prove consequence to be convicted
2. A condition or state can be the same as conduct (e.g. intoxication - allows police to intervene early)
3. Omission if there was otherwise a legal duty to act
4. If the act was not voluntary - automatism

Question 8

What type of law used as a preventative tool, and when is it used?

Answer 8

A preventative law is known as an inchoate offences

1. Conspiracy: When two or more people are united under a common purpose to commit a crime
2. Counselling Crime: When suggestions or advice on committing crime is given, with the intention that the crime be committed
3. Criminal Attempt: When a significant step towards committing a crime is taken