Criminal Law Basics

Historical Origins

• Crime was historically a conflict between private citizens.
• Today, crime is a public offense against the state (R v. _______).
• Trial by ordeal involved subjecting the accused to a painful or dangerous test to determine guilt or innocence.
• Examples of trial by ordeal include the iron and infection ordeals.

Primary Sources of Law

• The Criminal Code was created in 1892.
• Regulatory offenses pertain to activities that are legal but have restrictions (ex.: drinking age or driving).
• Common law is also known as case law or judge-made law.
• Common law provides guidance as it shows how judges have previously applied the law in similar cases.
• Common law defenses help preserve a fundamental principle of justice: moral blameworthiness.
• Moral blameworthiness refers to whether the accused deserves to be punished.
• Examples of common law defenses include duress and necessity.

Actus Reus

• Latin for "Guilty Act."
• The physical acts and circumstances that must be proven beyond a reasonable doubt.
• Three parts to Actus Reus:
  • Voluntary
  • Conduct
  • Consequences
• All three parts must be proven to establish actus reus.

Causation and Intervening Acts

• The causal link between the accused's conduct and the legal consequences is known as causation.
• Intervening act (IA): an event or act that occurs between the action and the injury, breaking the causal link.
• Example: Greg v. Wayne case.

Omissions

• The failure to act when there is a legal obligation to do so.
• Quebec's "Good Samaritan" law raises questions about whether Ontario should adopt a similar law.
• The necessities of life are affected when drugs and alcohol are involved.

Mens Rea

• Latin for "Guilty Mind."
• The accused's state of mind.
• Subjective Mens Rea:
  • Intention
  • Knowledge
  • Recklessness
  • Willful Blindness
• Objective Mens Rea: What a reasonable person would have known and done in the same circumstances.
• Modified Objective Standards: individualization.

Murder

• The Crown must prove that the accused intended to cause the death of the victim.
• There are degrees of murder.
• Self-defense has three elements.

Modes of Participation

• Party to an offence is defined in section 21(1) of the Criminal Code.
• According to the Criminal Code, anyone who is party to an offense:
  • Actually commits the offense (the principal).
  • Does or omits to do anything for the purpose of aiding a person to commit the offense (ex.: standing guard).
  • Abets a person to commit the offense (ex.: encouraging or provoking).