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Introduction to Criminal Law

What is a Crime?. Introduction to Criminal Law. Crime is when …. an action harms other people; and a n action violates the basic values of society. Basic Elements of a Crime.

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Introduction to Criminal Law

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  1. What is a Crime? Introduction to Criminal Law

  2. Crime is when … • an action harms other people; and • an action violates the basic values of society.

  3. Basic Elements of a Crime • For an offence to be considered a crime, two elements must exist: ACTUS REUS (the physical element, or guilty action) and MENS REA (the mental element, or guilty mind). • ACTUS REUS + MENS REA = A CRIME

  4. Classroom crime scene • Did a crime occur?

  5. Quasi-Criminal Offences • Offences that fall under provincial jurisdiction, such as failing to wear a seatbelt, speeding, or drinking under age. • Enforced by the courts, and may involve a substantial penalty, but are not “crimes”.

  6. What is Criminal Law? • Public (Positive) law that declares acts to be crimes and prescribes punishments for those crimes. • It is often: • defined in the Criminal Code or related federal statutes (i.e. Youth Criminal Justice Act, Food and Drugs Act, etc.)‏ • decided by Parliament • reflective of society’s values • Criminal law should: • not violate the basic values of society • make a significant contribution to resolving the problem • Judge-made Criminal Law

  7. Criminal Code - Classification Parts: • II Offences Against Public Order • III Firearms and Other Offensive Weapons • IV Offences Against the Administration of Law and Justice • V Sexual Offences, Public Morals, and Disorderly Conduct • VI Invasion of Privacy • VII Disorderly Houses, Gaming and Betting • VIII Offences Against the Person and Reputation • IX Offences Against Rights of Property • X Fraudulent Transactions Relating to Contracts and Trade • XI Willful and Forbidden Acts in Respect of Certain Property • XII Offences Relating to Currency

  8. Classification of Crimes • Summary Conviction Offences • Indictable Offences • Hybrid / dual procedure offences

  9. 1. Summary Conviction Offences • Minor offences for which an accused can be arrested or summoned to court without delay (tried without a preliminary hearing or jury); • Includes all provincial offences i.e. Traffic violations; • Penalties range from small fines to imprisonment; • Maximum penalty is $2000 fine and/or 6 months in prison

  10. 2. Indictable Offences • Severe criminal offences, such as murder; • The Crown proceeds by indictment (press charges); • Severe penalties are imposed at the discretion of the trial judge; • Some crimes have a minimum penalty that must be adhered to.

  11. 3. Hybrid/dual procedure offences • Offences that are punishable as both an indictable offence and summary conviction offence; • The Crown decides how to proceed – either by indictment or summarily; • First time offences are usually treated as summary conviction offences, depending on the nature of the crime

  12. Hybrid Offence example • If the value of the stolen goods is over $5000, the offence would be an INDICTABLE offence; • If the value of the stolen goods is under $5000, the offence would be a SUMMARY CONVICTION OFFENCE.

  13. Fake cancer patient pleads guilty • 1. Read article. • 2. Gather evidence presented in Ashley Kirilow’s case (4 w’s). • 3. What is the significance of the fraud charge over $5,000?

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