4 .2 NATURE OF CRIMINAL LAW4.3 THE POWER TO MAKE CRIMINAL LAW4.4 TYPES OF CRIMINAL OFFENSES4.5 THE ELEMENTS OF A CRIME

Criminal Law

The Need for Criminal Law

Purposes of criminal law:Purpose of responses:• Rehabilitation

• Prevent recidivism• Address underlying issues• Reintegration into community

• Protection/Prevention• Threat of punishment• Sets standards

• Punishment• Isolation• Deprivation

The Nature of Criminal Law

“The Criminal Code reflects the values of society by declaring certain actions to be criminal. Reform of the Criminal Code usually reflects a shift in these values and may occur because of public pressure.”

Conditions for Criminality • The action must harm other people.• The action must violate the basic values of society.• Using the law to deal with the action must not violate

the basic values of society.• Criminal law can make a significant contribution to

resolving the problem.(Law Commission of Canada)

Elements of a Crime

Actus reus• Wrongful deed that is prohibited by law. • Action/failure to act Must be present

at the same time

Mens rea• A guilty mind• Intent

• True purpose of the act• General (limited to the act, no further criminal purpose)• Specific (further criminal purpose)

• Knowledge• Need not prove an intent…

• Recklessness• Careless disregard, even if intent to harm not present.

Elements of a Crime

“In the case of R v. Daviault (1994) the Supreme Court of Canada ruled that “extreme drunkenness” was an appropriate defense for certain crimes, for example sexual assault. It argued that the intoxication of the defendant was so extreme that the situation was unlikely to happen again.”

• What element of a crime is missing in such a situation?• Should self-induced intoxication be a reasonable

defense?

Cases page 109, 111 (2) and 113.

The Criminal Code of Canada

Criminal Code of Canada: History

• England resistant to codification, colonies experimented• including India, Honduras, Tobago St Lucia, Jamaica

•Canada’s Efforts• 1867- Codification a goal of Sir John A Macdonald• 1869- set out explicit authority to federal government consolidation

in coinage offenses, forgery, larceny, personal, property, perjury, procedure.

• 1892- Original Criminal Code achieved • "Just think of it Canada in the van! The first to enact a complete

codification. It is far and away the best measure of the kind ever submitted to any legislature."

Criminal Code of Canada: Selections

Criminal Code of Canada: Selections

Criminal Code of Canada: Selections

Criminal Code of Canada: Selections

Criminal Code of Canada: Common Crimes

Robbery 9%Assault Level 1 65%Assaults Level 2 and 3 15%Sexual Assault 8%Other 3%

Criminal Code of Canada: Common Crimes

homicide

culpable homicidenon-culpable

homicide

murder manslaughter infanticide

first degree

second degree

accidental self-defense

Section 231

•Planned and deliberate

•Law enforcement officer

•In concurrence with other crime

•Related to criminal harassment

•While using explosives

•Related to terrorism

•All other intentional murder (heat of the moment)

• unintentional, directly, indirectly by means of unlawful act

• result if defense of provocation or intoxication used in murder case (mens rea)

Criminal Code of Canada: Common Crimes

Level 1

Level 3

Level 2

Seve

rity

Pu

nish

men

t

Assault

• direct/indirect intentional force without consent

• attempting/threatening to apply force

•Approaching, blocking, begging with weapon/imitation of

Assault causing bodily harm

• committing Assault while using a weapon or causing bodily harm

• bodily harm: interfere with health/comfort in more than a fleeting way

Aggravated Assault• committing Assault that wounds, maims, disfigures or endangers life• mens rea required: commit bodily harm

Criminal Code of Canada: Offenses and Penalties

Indictable Offenses

• Life Imprisonment

• Accessory (murder), Criminal negligence causing death, Extortion

• Mail interference, Sexual assault (aggravated), Terrorism

•14 years

• Aggravated assault, Counterfeit money, Perjury, Piracy, Passport forgery

• 10 years

• Abduction (under 14), Prison breach, Theft over $5000

• 5 years

• Abduction (under 16), Fire (negligence), Polygamy, Unlawful drilling

• 2 years

• Abandoning child, Common bawdyhouse, Dueling

Summary Offenses

• 6 months

• Coin defacing, Impersonating a peace officer, Soliciting

Hybrid Offenses

• False alarm fire, Mailing obscene matter, Uttering threats

Criminal Law Unit

Youth Justice Victims’ Rights•Young Offenders Act•Underlying issues of crime•Sentencing and incarceration

Investigation Process Offenders’ Rights•Evidence•Forensics•Witnesses•Inter-agency cooperation

Trial•Crown case•Defense Case•Available defenses

Judges and Judgments

Sentencing

Jails

Legal Research

Purpose:• To investigate a topical criminal law-related news event from the

legal perspective• To become familiar reading and interpreting the Criminal Code of

Canada• To become familiar with legal research

Instructions:• From a Canadian newspaper (national or local), select an article

that reports on a specific crime.• Identify precisely what section of the Criminal Code has been

contravened.• Read that section and related ones.• Summarise the case, the Criminal Code section and the penalties.• Discuss the high values/social values that have been contravened,

and how those have changed, or will change, over time.• Should this section be subject to reform? Why or why not. Be

specific.

Produce:• A one to two page report.• Bibliography (see style guide on Library website, MLA format)

Resources:• See mscoates.wordpress.com