1 / 8

Criminal Law

Criminal Law. Introduction To Criminal Law – Chapter 5. A Crime is a wrong against society Society is the Government (the Queen) – R v Jones (eg) Government acts for the benefit of society in general “To maintain order and protect society” Conviction of a crime results in a penalty

yeva
Download Presentation

Criminal Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Criminal Law

  2. Introduction To Criminal Law – Chapter 5 • A Crime is a wrong against society • Society is the Government (the Queen) – R v Jones (eg) • Government acts for the benefit of society in general • “To maintain order and protect society” • Conviction of a crime results in a penalty • jail – probation – fine, etc • Crimes change as society changes – the law changes • crime is a reflection of the morality of society

  3. Causes of Crime • Inherited? • theory in 19th century • Physical appearance? • Poverty • lack of opportunity • not care about effects • Peer pressure • group association • Urbanization • Education

  4. Crime and Law • Federal Offences • Criminal Law (the Criminal Code) • Theft, robbery, murder, sexual assault, etc • Criminal procedure (rules of arrest, trials) • Provincial Offences • called “quasi-criminal” • generally less serious than crimes (punishment is less) • no criminal record • Municipal Offences • local regulation – by-laws • parking, noise, littering, etc

  5. What is a Crime? • Must be against the Criminal Code • (must be against the law) • Person must intend to commit the crime • (cannot be an accident) • Person committing the crime must know that the act is wrong • cannot be amoral • moral – know the difference in right and wrong and do the right • immoral – know the difference between right and wrong and do the wrong • amoral – not know the difference between right and wrong • infants – insane – severe drugs or alcohol

  6. Elements of a Crime • Physical • Actus reus – the guilty act • may be an act, or an omission (not acting) • Mental • Mens rea – the guilty mind • mentally responsible if • intention • recklessness • know the effect of their action but do it anyway • knowledge of circumstances

  7. Strict Liability Offences • an offence with no mens rea • if a law is broken that protects public health, welfare or safety • eg speeding • prosecution does not have to prove mens rea • Attempted Offences • a crime has been committed if there is an attempt to commit • must commit an action directly related to the crime • Conspiracy • it is unlawful to make an agreement to commit a crime • the offence does not have to be carried out

  8. Who Has Committed the Crime? • Principal Actor • the person who commits the actus reus and had the mens rea • Aider and Abettor • person who intentionally helped the principal actor • loan tools, be a driver to the crime (knowing it will be committed), etc • Counsellor • person who gives advice to principal actor about the crime • Accessory After the Fact • anyone who helps after the crime is committed, without having prior knowledge of the crime Party to the crime Receive same penalty Not a party to the crime – different penalty

More Related