law - criminal law test 1

offences committed against society

offer order and predictability

prevention of crime and penalties for those who commit crimes

protect people and property

rehabilitate offenders

any action that Parliament determined to be criminal

action must be considered wrong, action must cause harm to people, the harm caused must be serious and it must be dealt with through the criminal law process

“almost criminal law”

provinces and municipalities

the Criminal Code

province to province

the primary source of criminal laws in Canada

1892

Parliament

interpret the laws and apply them to individual cases

are minor crimes, the accused can be arrested or summoned

$2000 and/or six months in prison

provincial offences

are most serious offences

life imprisonment, set by the Criminal Code

minimum penalty

the Crown can choose whether the charge will be summary or indictable (ex. theft)

actus reus and mens rea

the individual must have committed a prohibited action

a wrongful act must exist

An omission or failure to do something (ex. withhold necessities from someone you are legally responsible for providing for)

a guilty mind

the mental capacity is not considered normal (ex. down syndrome, schizophrenia)

The mental state of the accused and requires proof that the accused intended to commit a criminal act

desire to carry out a specific action and can forsee its results

 the crown has to prove beyond a reasonable doubt the accused had the intent to commit the actus reus. It can be inferred from the actions of the accused ex. increasing life insurance before killing your wife

Allows for an interference of intent but must have further proof of intent

knowledge of specific facts

if actus reus and mens rea dont exist simultaneously, no criminal liability can result

 the accused took every reasonable precaution to avoid doing an offence

there is no mens rea, but the accused can offer the defence of due diligence

 the accused can offer no defence

as the North-West Mounted Police

Provides investigative and protective services and acts as the provincial and municipal police in provinces other than Ontario and Québec

Customs and Excise: Smuggling, enforcing the Customs Act, Drug Enforcement: Enforces the Controlled Drugs and Substances Act, Economic Crime: Organised crime, technological crime, securities fraud, counterfeiting, Federal Policing of Hazardous waste transportation, environmental law, explosives, student loans, Immigration: smuggling of aliens (people from foreign countries), forged passports and visas, Proceeds of Crime: identifies and confiscates money or property acquired through criminal activity, Criminal Intelligence: gathering information on organized crime and terrorists, International Liaison and Protective Services: security for visiting heads of state and federal officials

• They police areas with no police force  

prevent crime, enforce by-laws, execute warrants

an arrest to be made

reasonable grounds to believe that the suspect committed the offence

• Used for summary conviction offences, hybrid offences and some less serious indictable offences. 

• Indicates the offence with which the accused is being charged and summons them to court. 

• The officer will swear information before a judge that states that the officer believes on reasonable grounds that the offence was committed by the person who was given the appearance notice.

• Used for the more serious indictable offences. 

• The purpose of the arrest is to: 

▪  Lay a charge. ▪ Preserve evidence. ▪ Prevent the accused from committing further offences.

• If there are reasonable grounds to believe that a person has committed an indictable offence, is committing an indictable offence or is about to commit an indictable offence. 

• If an accused resists arrest, a police officer can use as much force as is necessary to prevent an escape.

Used while watching the offence, happened in the past, at the moment or is about to happen.

•  If the accused flees, the police can swear information before a judge, who will then issue a summons which requires the accused to appear in court.

• If the officer can prove that the accused will not appear voluntarily, a warrant for arrest will be issued. It names the accused, states what crime was committed, and orders the accused to be arrested forthwith and is only valid in the territorial jurisdiction in which it was issued.

They cannot force suspects to answer their questions under their right to remain silent under the Charter. They do have to identify themselves and answer questions to help the police identify them. 

When making a legal arrest, the officer identifies themselves. Police officers must inform the arrested persons of the reason for their arrest, their right to counsel, and how anything they say can be used against them in court. They must touch them to confirm the arrest. If they miss those steps, there may be a legal battle later. If there is a warrant, they have to show it to them. 

• To remain silent.

• To be presumed innocent until proven guilty. 

• To not incriminate oneself.

• To be informed promptly of the reasons for the arrest and to examine the warrant if there is one

• To retain and instruct counsel without delay

• To be informed of the availability of legal aid and duty counsel.

• To not be arbitrarily detained or imprisoned.

  • To habeas corpus

• To accompany the police if arrested

• To submit to fingerprinting and to be photographed if charged with an indictable offence.

when the burden of proof shifts to the defence, the defence has to defend themselves, violating innocent until proven guilty. 

• The person who commits the offence. 

• The term for more than two perpetrators is co-perpetrators.

  • Must be present at the scene.

• People who are not directly involved in the crime could be considered partly responsible for it because they have somehow assisted the perpetrator.

• helping a perpetrator commit a crime 

E.g., giving the key to the warehouse for someone to rob it.

• encouraging the perpetrator without physically assisting him or her 

E.g., urging someone to beat another person

• advising, recommending, or persuading another person to commit an offence 

E.g., counselling someone to steal goods and telling him or her the best way to accomplish this.

• Someone who knowingly (mens reas) receives, comforts, or assists a perpetrator in escaping from the police 

E.g., providing food, shelter, and clothing to someone who shoplifted 

Aiding in a crime is helping the perpetrator physically while abetting is through encouragement. 

the intention to commit the crime, regardless of whether the crime is completed

an agreement between two or more people to carry out a crime, regardless of whether the crime occurs