Review

1. Review LESSON 4 • What is a complete crime? • Can someone be found guilty for an incomplete crime? • All Read CCC Section 24(1) (p. 271) • How does this relate to Section 2 (Freedoms) of the Canadian Charter

2. Complete Crimes • there was both an act (actus reus) and a guilty mind (mens rea) • Eg. murder = you killed a person + you planned, intended and/or knowingly wanted that person dead • Eg. theft = property stolen + you planned and intended to rob the personEg. harassment = comments made/telephone calls made and recorded • ACTUALLY – the actus reus alone, if proven by the crown is enough for the theft and harassment

3. Incomplete Crimes • True act never takes place • Most difficult to prove • An indictable offense never takes place (the prohibited act) • They never end up doing the indictable offense, even it was their initial goal/intention Eg. Attempted Murder – an incomplete act, the final goal was not achieved.

4. EXERCISE #1: Actus Reus and Mens Rea • Divide class into 4 sections (4 – Corners) • Conspiracy • Counseling • Aiding and Abetting • Accessory After the Fact • Give each group a copy of their sections from the CCC that relate to the above 4 areas of incomplete crime • Students are to: • Put themselves into the shoes of a Crown attorney • State what the Crown what the Actus Reus and Mens Rea is for their secton of the CCC • Give one example of a crime that would provide a conviction of the perpetrator (eg. crown was able to show both Acuts Reus and Mens Rea) • Take up following slides while prompting each group to provide their answer

5. Conspiracy (Martin, p. 766) • People conspire together • They have a discussion to do something that is prohibitive • They are party to the crime for the initial start • There is an agreement between the co-conspirators, and that there must be a common purpose of a single enterprise Actus Reus – what constitutes an agreement (have to show that there was a discussion to achieve/reach an agreement). Difficult to show actus reus in a conspiracy type of crime. The actus reus is the gathering of the criminals together for a common purpose. Mens Rea – must have knowledge and intention as to the purpose or what the agreement was all about (they all know what the purpose of the discussion is about). They know what they were meeting about and were discussing.

6. Eg. Oceans 11 is an example of a conspiracy . They initially were having a discussion and they were reaching an agreementon how they were going to commit the crime. - It’s more difficult to prove since the crown has to show that they met and that they all knew the purpose of the agreement. The ultimate goal was never achieved

7. Counseling (Martin, p. 66, 763) • insighting someone to be a party to committing an offence • they are party to the crime for the initial start Actus Reus - procuring, advise (in writing or verbally or on the internet) or recommend another person to commit an indictable offense. Mens Rea –intention to getting another person involved in a crime. They had the intent to get the other person to commit the crime. They know what they were doing. Eg. someone wrote a newspaper article about growing marijuana

8. EXERCISE #2: R. v. Dunlop • To what extent does a crime have to be carried out for it to be considered a crime? • What do you think is the type of “incomplete crime”? • Divide class into 2 sections/sides • One side is the defence, while the other represents the Crown • Crown must show that there was Acuts Reus and Mens Rea in the R. v Dunlop case • Defence must show that the Actus Reus and Mens Rea was absent in this case

9. Eg. A crime boss puts a “hit” on someone. Crime boss tells someone to go kill someone. The person who pulls the trigger gets caught and he misses the target. Thus, he gets charged with attempted murder. And they can then get the crime boss for counseling. Eg. Oceans 11 in counseling they actually were telling each their roles. George Cluney was telling each of them what they had to do

10. Aiding and Abetting (Martin, p. 63,64) • Enter into the crime either in the middle or after the crime has occurred • Does or omits to do anything with the purpose of committing a crime (by doing something or by not doing something) Actus Reus - committing or assisting the person commit the crime Mens Rea– have to known or ought to have know that the other person is/was committing a crime Eg. person is robbing a store (shoplifting) you see it and you do nothing about it. You even put yourself in front of the camera.

11. Accessory After the Fact (Martin, p. 67) • Enter into the crime ether in the middle or after the crime has occurred • Person who knowing that another person has committed an offence assists him/her to escape Actus Reus - omission or commission (deliberate act); receiving, comforting or assisting (Eg. hiding the culprit) another after that person has committed an offence Mens Rea – the accused knew that the person that they assisted committed (Eg. was a party to an offence) the crime and that the acts were done for the purpose of assisting that person escape Eg. Police is looking for some and you provide a hiding place in your home, you could be charged with aiding & abetting

12. Eg. your know your brother has committed a crime and you hides them in your apartment Eg. police are investigating (they don’t know who it is), it’s on the news and you know your husband was the one who committed the crime and you do nothing about it

13. EXERCISE #3: Plot Article • “Plot could have killed thousands” Article • Read paragraphs 2 & 3 and CCC Section 24(1) on p. 271 of text • To what extent does a crime have to be carried out for it to be considered a crime? • What type of “incomplete crime” would this fall under? • Does it intervene on our rights & freedoms? • Informal class debate

14. Independent Study/ HomeWork • Read pages 281 – 285 (Chp. 10) • Concentrate on the Donald Marshal Jr case (pp 284-285) • Answer Questions #1-5 (pp 285-286)