Law 12 Chapter 6

The Nature of Crime

Is the body of laws that prohibit and punish acts that injure people, property, and society as a whole.

The main purposes are to: Protect people and property Maintain order Preserve standards of public

decency

Criminal Law

The Criminal Code of Canada is a federal statute.

The Code contains: The listing of the offences The sentences to be imposed & the procedures to follow

when trying those accused of a crime

The Criminal Code is ever changing as it reflect the importance of society Sexual offenders Hijackings Computer crimes Death sentence

The Criminal Code

Before 1867 each province had their own criminal laws

Constitution Act, 1867, granted the federal government the power to make criminal laws.

Criminal Code of Canada, 1892 was passed . Called a “code” because it contained

Crimes & Crime – law procedures

Code has been amended every year since.

Reformed in 1955, taking it from 1100 sections to 753 sections

Other federal law contain criminal codes Income tax act Food & drug act Customs act

History

The authority for administering criminal justice system is shared between the federal and provincial governments (federal still makes the laws)

Provinces appoints their own judges Pay for and administer their own

provincial court system

Provinces can pass laws under their jurisdiction Traffic and liquor regulations Provinces may pass jurisdiction to

municipalities

These laws are not considered criminal laws but quasi-criminal laws, most often punishable by fines

Provincial Jurisdiction

Actus Reus + Mens Rea = Crime

The Criminal Equation

The Elements of Crime

Actus Reus: “the guilty act”, the physical act , voluntary action, omission, or state of being that is forbidden by the Criminal Code.

-In most cases the act must be fully completed to qualify as an offence.

-The failure to do something can be considered a wrongful act under the Criminal Code, an omission.

As a member of society you have a responsibility to act within the law.

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The Elements of Crime

Mens Rea: “The guilty mind”, the criminal act was knowingly or recklessly committed. A deliberate intention to commit a wrongful act, with reckless

disregard for the consequences.-Ignorance of the law is not an excuse for breaking the law.-Nor is the idea of “not meaning” to commit an illegal act.

As a member of society you have a responsibility to act within the law, and a duty to foresee the consequences of his or her actions.

Intent: a state of mind in which someone desires to carry out a wrongful action, knows what the results well be, and is reckless regarding the consequences.

General Intent: the desire to commit a wrongful act, with no ulterior motive or purpose.

Specific Intent: the desire to commit one wrongful act for the sake of accomplishing another

Intent

Motive: the reason a person commits a crime. Intent and motive are not the same

Knowledge: an awareness of certain facts that can be used to establish mens rea

Motive & Knowledge

In some cases mens rea can exists where negligence, recklessness, or wilful blindness is shown.

Criminal negligence is where one In doing anything, or In omitting to do anything that it is his/her

duty to do, shows wanton or reckless disregard for the lives or safety of other persons.

Recklessness is consciously taking an unjustifiable risk that a reasonable person would not take.

Wilful blindness is a deliberate closing on one’s mind to the possible consequences of one’s actions

Criminal Actions