Criminal Law

Question 1

1. What is criminal law and the areas of the law?:
2. How does criminal law protect society?
3. Why does criminal law exist?
4. What is it there to do?

Answer 1

1. Deals w/ offences committed against society.
   Ex: Sexual assault, harms society bc we all have the right to security
   2.By assisting in the arrest of the offender and trying to make sure he or she doesn’t repeat offence
   3.Many actions can’t be adequately prevented or penalized through civil law alone. Some offences aren’t redeemable
2. protect ppl and their property, arrest and remove offenders from society, jail them if/when necessary

Question 2

1. Difference between civil and criminal law

2. POV of the need of criminal law

Answer 2

1. Civil law compensates monetarily while criminal law can penalize by jail time
2. Protection of people and property, revenge, rehabilitation

Question 3

1. What is a crime considered to be?:
2. Examples of new/old laws
3. Some topics remain the source of repeated public debates:

Answer 3

1. Any action that the parliament has deemed to be criminal. Parliament can deem an action criminal tmr even though it wasn’t today
2. Dueling, hijacking, computer theft, drinking and driving, narcotics
3. Abortion, capital punishment. Laws may change any time depending on Parliament and public view

Question 4

What constitutes as a crime in Canada?

Answer 4

• Federal Law Reform Commission in its report Our Criminal Law says:
  1. Action should be considered wrong by parliament
  2. Causes harm to ppl, society or those who need protec
  3. Harm must be serious in both nature and degree
  4. Harm must best be dealt w/ through the mechanism of criminal law (court deal w/ it)

Question 5

Jurisdiction over Crim Law

• What does Jurisdiction mean
• Laws passed by prov or mun:
• Main Source of crim law:
• Amendments and types of statutes in CCC

Answer 5

• Jurisdiction means law making authority
• Laws passed by prov or mun aren’t part of crim law, known as quasi-criminal law (HTA)
• CCC is man source of crim law, came inot effect on Jul 1 1893
• Has been amendments since then
• Narcotic Control Act and Official Secrets Act

Question 6

-For all true criminal offences, it’s necessary to prove 2 elements existed at the time of the offence:

Answer 6

1.Actus reus and Mens rea

Question 7

Actus Reus

Answer 7

• “Action involving guilt”
• Gesture prohibited by CCC
• Prosecution must prove that the act is forbidden by law and that the accused did commit the crime which they are being charged

Question 8

-Examples of Actus Reus

Answer 8

1. Breaking and entering, is an indictable offence
   - Occurs when one breaks and enters or breaks out of a place
   - Intent to commit a crime is sufficient for guilt, diff to prove that wrongful action was committed

Question 9

1. Actus reus can also result from:

2. Actus reus can also be:

Answer 9

1. A failure to do something: Withhold necessities from someone you are legally obliged to provide for
2. Voluntary. Actions committed by being pressured in any way, while sleep walking or to shoot someone by accident do not constitute as Actus Reus.
   - Person must be aware of their actions
   - Person under influence are also not constituted, unless negligence or recklessness is involved
   - For AC to occur, a wrongful action must be committed voluntarily

Question 10

Mens rea:

Answer 10

• Latin for “guilty mind”
• Refers to an accused’s state of mind at the time the act was committed
• Criminal intent of accused (did he intend to simply shoot or to shoot and kill)
• Some more heinous crimes (murder) require a higher degree of culpability (guilt), Require actual intent on the part of the accused
• 2 element must exist at the same time for a wrong to occur
• to say that im going to run u over with my car today and accidentaly do it tmr doesn’t result in criminal liability

Question 11

• Certain people are considered

- 2 main categories of mental state for mens rea

Answer 11

• Incapable of forming the intent necessary to commit a wrongful action (needs to be proven)
• Intent or knowledge and Recklessness

Question 12

1. Intent or Knowledge
   - meaning
   - existence of intent
   - intent requires

Answer 12

• Means a person’s state of mind is such that a person desires to carry out a certain action and can foresee its results
• Existence of intent is based on facts and on what a reasonable person would be thinking
• Remember legal maxim!!!
• Intent requires to commit an offence that can be general or specific

Question 13

1. General Intent

2. Specific Intent

Answer 13

1. Break the law by committing an illegal offence
   - Necessary to prove there was an intent to commit the wrong (willfully set fire to house=arson)
2. Further commit an illegal act
   - Known as “for the purpose of”
   - Both gen and spec intent must be prov
   - Involves an intentional illegal action, with the intent to commit a further illegal action

Question 14

Knowledge of certain facts:

Answer 14

-Can result in criminal liability
“Everyone who uses a stolen or cancelled credit card is guilty of an offence”
-Only needs to be proven that person used credit card even if they knew it was revoked

Question 15

2.Recklessness

Answer 15

• Defined as the deliberate taking of a risk where the result of the action is foreseeable
• Action must be considered wrong or prohibited
• Shouldnt be confused w/ negligence (a civil term)
• Is found in the attitude of one who is aware that there is danger and that their conduct could bring about the rresult prohibited by crim law
• Persists despite known risk, seeks risk and takes chances

Question 16

Motive

Answer 16

• Rationale for committing an offence
• Confused w/ intent (having a motive will not make u guilty)
• In decision upon guilt, motive isnt always relevant
• Person can have motive but not commit offence
• Can be used as evidence , element of offence must be proven to obtain a conviction

Question 17

Willful Blindness

Answer 17

• Deliberate closing of ones mind to the possible consequences of actions
• Don’t want to know the truth
• Court can find a person guilty of willful blindness when they can confirm that the defendant knew what was going on but refrained from wanting to know
• Worse than recklessness

Question 18

Strict liability an absolute liability offences

Answer 18

• Numerous offences that do not require men’s Rea. •Known as strict liability offences
• Not criminal, exists for the protection of the public; can result in fines or sometimes imprisonment
• Just doing these offences can render the offender guilty, the fact that the intent did not exist is of no importance

Question 19

Strict liability an absolute liability offences:

•finding law unfair

Answer 19

• Find the law to be unfair because the fence is locked the knowledge that the given event existed.
• Could not have formed intent to commit the wrong action
• Supreme court of Canada divided the strict liability offences into two categories: first category and second category

Question 20

Strict liability and absolute liability offenses: two categories

Answer 20

1.First category consists of offences were accused can be found not guilty if you can show reasonable care was taken to prevent committing an offence and that they were not at fault
2. Second category consists of absolute liability offenses. Reasonable care is not accepted as a defence, whether or not the accused was at fault
•mens rea is not a necessary element
•just committing offence renders offender guilty
•of crown proves that actus reus existed, SC decided that such offences cannot provide imprisonment or penalty