NCR & types of offences Flashcards
Section 16 origin?
Section 16 dates back to british ruling in 1800 where james hadfield had tried shooting king henry III. He was found not guilty due to being insane, prison was not the place for him but neither was society, spent rest of life in psychiatric hospital.
What is section 16 of the criminal code?
Sets up provisions for the relationship between mental illnesses and criminal justice system
How NCR helps/evolved?
There was a time where criminals could be found “not guilty” due to insanity
Now, in cases where mental illness is involved u can be found not criminally responsible due to mental disorder
this does not mean u are aquitted
What actually is NCR?
Forensic psychiatric assessments can be ordered if it is believed that mental illnesses could affect an individual’s actions when commiting a crime
Assesments are considered by court before dtermening criminal responsibllitiy
When is NCR used?
if its determined that a mental disorder made it impossible for the accused to know their actions were wrong
In ontario what can review boards grant?
Grant an absolute discharge, order a person to be detained in a hospital or grant a conditional discharge (allowing living in community with conditions)
How many people does ontario have in review board
1500 people in jurisdiction of review board approx, number grows by 10%/year
summary conviction
- minor offence, light penalty
- tried in provincial court
- fined up to 2k or 6 mo prison
- accused does not hv to show up in court but can be rep by lawyer
Indictable offense
- serious crimes, carry heavier penalty
- crim code establishes max pens for these offences ranging from 2 yrs to life
- sometimes minimum penalties are set (4 yrs armed robbery, life murder)
- Offenses w max pen less than 5 tried in provincial court or superior court without a jury
- Offenses w max pen more than 5 yrs, opt for trial in superior court, decision of jury or not
- most serious indictable offenses (eg murder) like murder must be in superior court
Hybrid offense
- also dual procedure offence, crown decides to try as hybrid or indictable
- Hybrids always treated as indictable until charges laid, then up to judge
- Crowns decisions usually depends on circumstances (have ever been arrested prior?)
Homicide
weather direct or indirect, causes death of a human
Culpable: Killing where accused can be held legally responsible, intentional death or recklessness of behaviour which led to death (murder, manslaughter, infanticide)
Non-culpable: Accused cant be held legally responsible, death caused by unforeseeable accident or soldier killing in war
Murder
Intentional killing of another human, form of culpable killing.
First and second degree
First degree murder
planned, or one person hires a hitman for eg
victim is police officer or member of public peace
if murder is committed in combination with another crime, does not need to be proved planned to be first degree
Second degree
any murder which is not first degree eg killing someone in a fight, wasn’t planned but happened
Minimum sentence and paroles for murder?
For both murders min sentance is life imprisonment
Parole eligibility for first = 25 yrs
Second: 10 yrs
Infanticide?
Mother kills her newborn
3 things must be present:
accused must be biological mother
child must be less than 12 mo old
At time of killing, mother must have struggled with mental problems caused by not recovering from giving birth to child (post pardum depo)
Max sentence for infanticide?
5 years
Manslaughter
culpable homicide which is not murder or infanticide
Actus reus of manslaughter is killing someone through a wrongful act even if not intentional, eg fighting to death, running over someone
murder charges can be reduced to manslaughter is proof of provocation exsists
whats the mens rea of manslaughter?
any reasonable person could have foreseen wrongful act would lead to bodily harm that was neither temporary or insiginicifant
to be found guilty accused did not have to foresee wrongful act could lead to death
can u be charged with manslaughter and criminal negligence for the same offence?
No
Assault
Level 1(5) - intentionally applying force to another person, direct/indirect wo consent. Attempting or threatening by an act/gesture, accosting/impeding another person or begging w a weapon
level 2 (10) - assault w weapon causing bodily harm
Level 3 (14) - Aggravated assault - wounding, disfiguring and endangering life of victim
Sexual assault
level 1 (10) - involves sexual touching without consent
Level 2 (14) - sexual assault with weapon, bodily harm threats to 3rd party
level 3 (life) - Aggravated sexual assault
3 instances where consent CANT be a defense
- victim says no by words or conduct
- accused is intoxicated cannot assure consent
- accused reckless or wilfully blind to victims response, omissive failed to take reasonable steps that victim was not consenting
