Criminal Law Overview

Criminal Offences and Categories

• Three main types of criminal offences: summary conviction (less serious), indictable (more serious), and hybrid (can be either).
• Examples: theft (hybrid), murder (indictable).
• Categories determine court procedure and consequences.

Motive in Crime

• Motive is the reason behind a crime.
• It explains but does not prove guilt.
• Motive is helpful context, but needs actus reus and mens rea for conviction.

Defences in Court

• Duress: Forced to commit a crime under threat.
• Alibi: The defendant was elsewhere when the crime occurred.
• Necessity: Urgent situation forced a crime (e.g., breaking a law to save a life).
• Sleepwalking defence: Actions were involuntary due to unconsciousness.
• Defences argue lack of intent or control, potentially reducing or eliminating liability.

Criminal Process Steps

• Arrest by officers.
• Accused released or held pending hearing (bail decision).
• Hearing to decide if the case goes to trial.
• Crown and defence present evidence.
• Judge instructs the jury on applicable laws.
• Jury deliberates and reaches a verdict.
• Process ensures procedural fairness and the accused’s defensive opportunity.

Hung Jury

• A hung jury occurs when required jurors do not agree.
• The trial may need to be restarted.
• Unanimous agreement is crucial in criminal cases to avoid reasonable doubt.

Aiding and Abetting

• Aiding means actively assisting someone commit a crime (e.g., providing a weapon).
• Abetting means encouraging or promoting the crime (e.g., giving instructions).
• Aiding/abetting holds people accountable for facilitating crimes, even if not directly involved.

Criminal Code Purpose

• The Criminal Code outlines criminal laws and penalties in Canada.
• It aims for consistent application nationwide.
• Provides a standardized legal framework for offences, defences, and procedures.

Jury Service Eligibility

• Jurors must be adult citizens.
• Must understand English. Cannot have significant physical/mental impairments affecting their judgment or serious indictable convictions.
• Ineligible groups: police, politicians, prison guards, medical professionals.
• Criteria ensure impartiality and competence.

Jury Deliberations and Unanimity

• 12 jurors are required for a criminal trial.
• A unanimous jury decision is needed for a valid verdict.
• A hung jury results if all jurors do not agree.
• The possibility of a new trial arises in this scenario.

Jury Sequestration

• Sequestration isolates the jury from external influences during deliberations.
• This safeguards the integrity of their decision by preventing outside biases.

Actus Reus

• Actus reus is the physical criminal act or omission.
• It must be voluntary.
• It's the tangible action of committing a crime, not thoughts or intentions.

Inadmissible Evidence

• Some evidence, like gruesome evidence or lie detector test results, is inadmissible in court.
• Such evidence might be unreliable or unduly prejudice a jury.