Chapter 6: Pages 138-156

Defining Crime and Criminal

Offences “A crime is any act or omission of an act that is

prohibited and punishable by federal statute.”

There are four conditions that must exist for an act or omission to be considered a crime:

1. The act is considered wrong by society.

2. The act causes harm to society in general or to those who need protection.

3. The harm must be serious

4. The remedy must be handled by the criminal justice system.

Criminal Law

A crime is considered to be an offence not just against the direct victim of the crime but society as a whole.

Because crimeimpacts on society as a whole it is the governmentsresponsibility to investigate an act against people who commit crimes.

Criminal Law

Criminal Law is the body of laws that prohibit and punish acts that injureindividual people, property, and the entire community.

The main purpose of criminal laws are to:1. Protect people and property

2. Maintain order

3. Preserve standards of public decency

The Criminal Code

The Criminal Code of Canada is a federal statute that contains the majority of the criminal laws passed in Parliament.

It includes the offences and the sentences to be imposed and the procedures to follow when trying those accused of a crime.

When a new issue become important for society , or national security is at risk, Parliament amends the Code to reflect societal views.

The Criminal Code of Canada contains

841

sections that include the offences and

sentences for criminal activity.

History of the Criminal Code

Before Confederation in 1867, each province was responsible for creating its own criminal laws.

Canada’s criminal law system was inherited from Great Britain so Canadians relied heavily on British precedents.

Finally in 1892 the Canadian Government passed the Canadian Criminal Code. It has been amended just about every year since its creation and presently contains 849 sections.

There are several other areas where criminal offences are included such as: The Controlled Drug and Substances Act

The Customs Act

The competition Act

The Youth Criminal Justice Act

The Food and Drug Act

Income Tax Act

Provincial Jurisdiction

The provinces have the power to pass laws on matters that fall under their jurisdiction, such as traffic, and liquor regulations.

Laws passed by provinces are not truly criminal laws but quasi-criminal laws, which cover less serious offences.

The Elements of a Crime

In order to convict a person of a crime in

Canada, the Crown Prosecutor must

usually prove two elements existed at the

time the offence was committed:

The act itself- actus reus

The intention to commit the act- mens rea

The Elements of a Crime: Actus Reus

Most criminal offences have an actionthat causes: Harm or loss to a person or group of

people

Damage to property

In Latin, the words actus reus, mean “the guilty action”.

Criminal charges can arise from inaction as well as a “state of being” such as possession of stolen goods.

The Elements of a Crime: Mens Rea

Mens Rea is the second element that, in

most cases must be present with actus

reus, for a criminal offence to be committed.

The words mens rea mean, “the guilty

mind”.

The term implies that the person intended to

carry out an action they knew was wrong.

The Elements of a Crime: Intent

If someone had the intent to commit a crime it means that he or she meant todo something wrong, was recklessregarding the consequences, and knew or should have foreseen the resultsof the wrongful act.

The Elements of a Crime: Intent

In Canadian criminal law there are two types of intent: General Intent means that a person commits a

wrongful act for its own sake, with no ulterior motive.

Specific Intent applies when someone commits one wrongful act for the sake of accomplishing another.

Intent is not to be confused with motive, which is the reason someone commits a crime.

The Elements of a Crime: Knowledge

In some cases the Crown prosecution can establish mens rea by showing the accused had knowledge of certain facts.

Section 368 (1)(a) : “Every one who, knowing that a document is forged, uses, deals, or acts upon it”, is guilty of circulating forged documents.

So if someone knowingly used counterfeited money it would only need to be proved that the person knew it was forged to gain a conviction.

The Elements of a Crime: Criminal Negligence

In some cases the crown can prove mens rea by proving the accused showed negligence.

Negligence is failing to take precautions that any reasonable person would take to avoid causing harm to another person.

Leaving a loaded gun where a child could gain access to it would be an example of negligence.

A lot of negligence cases involve

surgeries.

The Elements of a Crime: Recklessness

The Crown Prosecution

can also establish mens

rea by proving the

accused was reckless;

meaning they were

consciously taking an

unjustifiable risk that a

reasonable person

would not take.

The Elements of a Crime: Willful Blindness

The deliberate closing of a persons mind to the possible consequences of their actions is known as willful blindness, and can also be used as mens rea.

Buying something knowing it could possibly be stolen is willful blindness. Sometimes people choose not to see the

obvious…this is willful blindness.

The Elements of a Crime: Strict and Absolute Liability

For less serious offences mens rea does not have to be established.

Cases involving regulatory laws are known as Strict Liability offences and mens rea does not need to be established but the accused can raise a defense of due diligence.

For absolute liability offences there is no defense the Crown Prosecution only needs to establish the offence took place and the accused was responsible.

Speeding tickets are an example of

absolute liability.

Involvement In A Crime

The person who actually commits a crime is known as a perpetrator. If there are multiple people involved with a crime they are co-perpetrators.

In order to be named a co-perpetrator the other person must be present at the scene of the offence.

Involvement In A Crime

In some situations people are not directly

involved in committing a crime but have

somehow assisted the perpetrator.

They would be considered parties to an

offence and would be guilty of aiding the

perpetrator.

Involvement In A Crime:

If someone encourages the committing

of a crime they are guilty of abetting.

The crime of counseling involves

advising, recommending, or persuading

another person to commit an offence

If a person helps a perpetrator evade

capture from the police they are

considered an accessory after the fact.

Involvement In A Crime:

In a situation where two or more people

set out to commit a crime and in the

process end up committing several

crimes everyone is responsible for

additional offences.

This is known as parties to common

intention.

Involvement In A Crime:

If a person is unsuccessful in the commission of a crime, they can be charged with attempt.

This means that the person had the intent to commit the crime but, for some reason, failed to carry through.

Involvement In A Crime:

Conspiracy is an

agreement between

two or more people

to perform an illegal

act. Even if the act is

not carried out a

conspiracy charge

can still be placed.