Criminal Law Basics

Study Notes

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.

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.

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.

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.

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.

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.

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.

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).