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Offences

Offences. Murder vs. Manslaughter. Murder AR= Causing the death of another human being MR= intending to cause death Different from MOTIVE = the reason you did it. Result = min. life. Manslaughter AR= Causing the death of another human being

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Offences

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  1. Offences

  2. Murder vs. Manslaughter Murder • AR= Causing the death of another human being • MR= intending to cause death • Different from MOTIVE = the reason you did it. • Result = min. life Manslaughter • AR= Causing the death of another human being • MR= not intending to cause death, but death ensues from something reckless you did • Result= no min. Punishment • Criminal negligence causing death is manslaughter

  3. First and Second Degree Murder First (25 year parole eligibility) 1. Planned and deliberate 2. Cause death in commission of a criminal offence ie. Sexual assault 3. Cause death of a police officer Second (10 year parole eligibility) • All other intentionally caused deaths that are not “planned and deliberate” in advance

  4. Assault and Sexual Assault • See assault and sexual assault sheet below • Other sexual offences • bestiality • Committing an indecent act in a public place • Nudity in a public place, or being nude on private property but being exposed to view • Incest • Exploiting sexually a person with a mental or physical disability

  5. Statutory Rape (Sexual Assault) – knowledge of the person’s age does not matter • It is illegal and a criminal offence to... • Touch, for sexual purposes, any part of the body of anyone under 14 years of age • Touch, for sexual purposes, any part of the body of anyone between the ages of 14-18 if the accused is in a position of authority; or • Touch, for sexual purposes, any part of the body of anyone if the person is in a position of dependency with the accused.

  6. Theft vs. Fraud Theft • Three elements • Fraudulent act – person must intend to do something wrong • No colour of right – person has no arguable legal right to the item • Intent to deprive owner of the thing and convert it to one’s own use. Fraud • Obtaining something by false pretences (pretending something is true when it isn’t) • Ie. Credit card fraud = you obtain goods by impersonating someone else

  7. Abduction vs. Enticement Abduction • Forceable removal of an unmarried person under 16 from the care of a parent or guardian who has lawful care of the child Enticement • Occurs when one custodial parent refuses to give access to the other parent or the non-custodial parent runs away with the child during a time of access. • Defence=consent, or protection of child

  8. Prohibited vs. Restricted Weapons Prohibited • Possession=guilt • Ie. Silencers, switchblade knives, sawed off shotguns Restricted • Allowed if you have a licence • Ie. Pistols, some kinds of semi-automatic weapons

  9. Sexual Assault

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