Criminal Law Flashcards
Criminal Law
- concerned with public wrongs
- defines what society regards as intolerable deviance
Functions of Criminal Law
- deter deviant behavior
- express reprehensible behaviors
- maintain social order
- bring accountability
- rehabilitation
Public Law
an area of law concerned with the public interest and that regulates collective interests
3 Categories of Crime
1) Offences against persons
2) offences against property
3) offences deemed wrong in and of themselves
Debates on Criminal Law Include:
- what constitutes a crime
- the appropriateness of (punitive) criminal law for behavior
- the effectiveness of criminal law
- negative social outcomes of particular laws
- debates on the operations of law (too lenient vs. too harsh; too intrusive vs. not intrusive enough, etc.)
The Simultaneous Principle
crime requires the simultaneous coincidence of actus reus and mens rea
Actus Reus
an evil (wrongful) act
Mens Rea
an evil (wrongful) mind (intention)
2 Methods for Assessing Mens Rea/Intent:
1) Objective intention
2) Subjective intention
Section 21 of the Criminal Code:
mens rea concerning parties to an offense
Exceptions to Mens Rea
- strict liability offenses
- absolute liability offenses
- culpable homicide
- criminal negligence
Strict Liability Offenses
onus falls on the accused to prove they had no intent
Absolute Liability Offenses
where intent is irrelevant
Culpable Homicide
when someone either intentionally or unintentionally commits murder (manslaughter)
Criminal Negligence
negligence showing disregard for the lives + safety of others
Example of Mens Rea
- R. v. Cooper (1993)
- R. v. Hundal (1993)
R. v. Cooper (1993)
- intention carries on
- mens rea does NOT need to persist through the entire act
- 2nd degree murder of his ex-wife while strongly intoxicated
- claims to have blacked out during strangling her
R. v. Hundal (1993)
- objective standard of mens rea
- truck driver had an illegally heavy load in rainy conditions, ran a yellow light + killed another driver
- trial judge said that a REASONABLE driver would not be driving in such conditions
Defenses to and Mitigations of Criminal Offenses
- capacity
- self-defense
- intoxication
- enticement by police
- forced to commit a crime
- mistake of fact
- acting under duress
Self-Defense
section 34 of the criminal code
R. v. Lavallee (1990)
- “Battered Women Syndrome”
- suffered domestic abuse from partner
- shot him in the head AFTER he abused her
- court deemed self-defense (threat still present)
Daviault v. R. (1994)
- does voluntary intoxication to a point that resembles automatism, act as a defense for crimes with general intent
- chronic alcoholic, had consumed 8 beers + 40oz. of brandy
- went to visit a friend of his wife’s
- woke up with sexual assault accusations on him
Three Levels of Intoxication (mild, advanced, extreme)
- at extreme level, actions are deemed involuntary
- reduce but does not eliminate liability
Pappajohn v. R.
- mistake of fact
- change to notion of consent
- had his house for sale, met female real estate agent
- they went back to his house and had sex
- she claimed rape + was seen running out of the house with her hands tied
R. v. Ewanchuk (1994)
- mistake of fact
- continuation of act without continuation of consent
- interview with a 17 yr. old girl in his trailer sexually assaulted her
- gave her $100 to stay quiet
- Alberta Courts turned down her case on the basis of “implied consent”
R. v. Hutchinson (2014)
- mistake of fact
- charged with aggravated sexual assault
- intentionally sabotaging condoms to get the complainant pregnant (she didn’t consent to unprotected sex)
The Criminal Code of Canada
- defines criminal offences
- established the kind + degree of punishment for certain offenses
- outlines procedures for investigation and prosecution
- outlines rules regarding helping/encouraging crimes
- sets out some defenses
Statutory Law-Based Crimes Outside of the Criminal Code
Firearms Act, Controlled Drugs, Substances Act, etc.
Offences in the Criminal Code Include:
- offences against a person
- offences against property
- offences against the administration of law
- sexual offences
- terrorism offences
- hate propaganda offences
The Criminal Code Sets Out 3 Categories of Criminal Offences:
i) summary offences
ii) indictable offences
iii) hybrid offences
Criminal Law & Sentencing Attempts to Accomplish a Range of Purposes:
- general deterrence
- specific deterrence
- societal denunciation
- accountability
- keeping society safe
- rehabilitation
Important Factors for Consideration
i) degree of premeditation
ii) surrounding circumstances
iii) gravity of the crime
iv) attitude of the offender
v) criminal record of the offender
vi) age/personality of the offender
vii) any mitigating circumstances
viii) previously imposed sentences
ix) mercy
