Criminal Law Flashcards
Normative sentencing principles
- denunciation
- Retribution
- Restoration
Common law vs. Statutory law
Common law: crimes against the person and property- case law, judge decided
Statutory law: issues of morality (gambling,sexual activity,drug offences)-codified law, CCC
Inchoate offences
Attempting conspiracy, preparation for crime
E.g. Placing a bomb in a car but it doesn’t go off- nothing happened but you are still charged for crime
Exclusive jurisdiction
Indictable offence always tried in a superior court. Will always have a judge and jury and prelim- inquiry.
E.g. Murder
Absolute jurisdiction
Less serious indictable offence will be tried in provincial court. Could go as a hybrid offence. No prelim or jury
Electable offence
Accused can choose how they want to be tried.
Max penalty for summary conviction
$2000 or 18 months in jail. Super summary can be up to $5000, higher possible jail sentences
Hybrid offences
Can be tried by summary or indictment. Deemed indictable until crown elects otherwise.
E.g. Assault, impaired driving, theft, child porn
Examples of summary conviction
Loitering, harassing phone calls
Examples of indictable offences
Murder (up to life), arson (14), bigamy (5), causing bodily harm (4-14)
Examples of super summary offences
Invitation to sexual touching, sexual interference, failure to provide necessities of life
Role of the crown
Lay all credible evidence before relevant to alleged crime. Not about getting a conviction, just laying the evidence.
Role of the defence
Protect the client as far as possible from being convicted. Must not disclose privileged info, must not mislead.
Strict liability crimes
Crimes that do not require mens rea because you are strictly doing what the statute prohibits
Eg speeding, dumping toxic wastes
Types of punishments (outcomes of trial)
- Absolute discharge
- Conditional discharge
- Suspended sentence
- Fine
- Conditional sentence (half way between probation and jail)
- Incarceration
Actus reus
Voluntary act of something illegal
Can include omission
Mens rea
Criminal intent
Guilty intention/mind/mental state considered morally blameworthy
Subjective fault elements
Look more specifically at the situation at hand
- Intention
- Knowledge
- Recklessness
- Willful blindness
Objective fault elements
Result of your behaviour was objectively foreseeable.
Defences
- ignorance of the law
- Provocation
- Mental disorder
- Automatism
- Intoxication
- Necessity
- Duress
- Self defence
Parties
- Aiding (something that helps)
- Abetting (doing something that encourages the person to commit the crime)
- Counselling (telling them how to commit a crime)
- Accessory after the fact (helps person after they committed the crime eg getaway car)
First degree murder
- Planned and deliberate
- Contract killing
- Peace officer
- Death during indictable offence
Life in prison with parole eligibility after 25 years
Second degree murder
Anything that isn’t first degree. Eligible for parole after 10 years
Manslaughter
No subjective intent to kill someone. (Heat of passion, no cooling off period)
