Chapter 4

Chapter 4

Criminal Law Criminal Law – offences against society Civil Law – offences against individuals (person to person) Penalties help deter people from committing crimes Guidelines for an action to be subject to Criminal Law : Harm other people Violate basic values of society The law can help resolve the problem

Types of Criminal Offences Quasi – Criminal Law (not Criminal) (Bylaw officers, traffic violations) Summary Conviction offences Minor offences Dealt with quickly (max. 6 months jail, 2000 fine) Indictable offences Serious crimes with serious penalties Hybrid offences The judge has the choice to make it summary or indictable depending on defendants history, severity of offence, etc.

Requirements of a Criminal Offence Actus Reus A wrongful deed Mens Rea A guilty mind Intent or knowledge or recklessness Intent or Knowledge General Intent – to preform the one action Specific Intent – has further criminal purposes in mind Knowledge Knowledge of certain facts that a reasonable person would know (using bad credit card) Recklessness Careless disregard for possible results of an action

Offences without Mens Rea Minor offences (ex. Speeding, short weighting food, etc. Motive A reason for someone to commit a crime; a person can have a motive without committing any crime

Criminal Acts Attempt Intends to commit a crime Attempt begins when the person takes the first step toward committing the crime Conspiracy Agreement between 2 or more people to commit a crime or do something illegal Aiding Helping someone commit a crime Abetting Encouraging someone to commit a crime Accessory after the fact Someone helping a criminal escape detention or capture in any way

Criminal Procedures Quasi-criminal offences Not guilty requires a court appearance, paying fine and signing ticket is sufficient of guilty plea Summary offences (minor indictable) Must be charged with in 6 months Indictable offences No time limit Serious crimes, the accused chooses the trial procedure (jury/judge or judge or higher court)