Criminal Law Past Paper PDF

CHAPTER 4 - Criminal Law Lady Justice Represents various aspects that are important for the function of the criminal justice system ○ Symbols Blindfold: no bias “justice is blind” it is impartial Everyone is seen in the same manner...

CHAPTER 4 - Criminal Law Lady Justice Represents various aspects that are important for the function of the criminal justice system ○ Symbols Blindfold: no bias “justice is blind” it is impartial Everyone is seen in the same manner in the eyes of the law Balancing scales: weighing of evidence in a court of law to determine the verdict, if the person is guilty or not in a fair manor Sword: power and authority if the judicial system to give a punishment The justice system is powerfuL and will therefore punish those who oppose it The Evolution of Criminal Law What is Canadian Criminal law rooted in? ○ British common law system Who is credited with establishing British common law? ○ King Henry the second (1154-1159) Law was not codified before this man Laws were based around laws in the surrounding areas He would send his judges to travel to diff countries and hear cases and thus judge the verdict and sentence Then come back together to debrief each others notes, which then all judges agreed upon a common law (judge made law) What legal principle is common law based upon? ○ Precedence - Stare decisis Judges based their decision on cases on older previous cases and their judgment on that and thus follow their thinking pattern …? Why is this important? ○ Ensure decisions are more uniform ○ Stability, consistency, predictability ○ Reduces bias What is the rule of law? ○ No one is above the law ○ Ensure there is no privileged exemption  What doctrine is it based upon? ○ Magna Carta - signed by King John (abusive and ruthless man) Principal that even the monarch or king are above the law St Michael's College Hazing (right of passage for newbies, endure something) Culture - good athletics 2018 ○ New football player was targeted by other players ○ Pulled his pants down and spanked with a broom sticks on multiple occasions ○ Then raped him with a broom stick ○ This incident was recorded and shared on social media ○ 3 boys 14 -15 who assaulted him were charged with sexual assault with a weapon One child pled guilty to child pornogrphy (social media) 2 years probation ○ If it was 1982 No case No trial No convictions Bc the victim was a male, therefore no sexual assault Rape Laws Priot to 1983 The victim had to be female The accused had to be male The victim and the accused could NOT be married to each other Sexual intercourse must have happened The doctrine of recent complaint ○ Victim had to make the report with the police asap ○ If there were a delay; this would look untrustworthy Victims sexual history could be brought up in court ○ There past with the accused or with any other possible person Implied consent accepted as defense ○ Accused could say they honestly though the victim wanted sex (didn't have to say it verbally) ○ Subjective consent Clothing Under the influence Body language Originally agreed to go home with them but changed her mind later Enjoyed from the beginning Did not say no Extreme intoxication could be used as a deference Bill C-127: January 1, 1983 Abolished offence of rape and replace it with sexual assault ○ Sexual Assault Level 1 Involves minor physical injuries or no injuries to the victim Least Severe Hybrid Offense (Summary or indictable offense) Max sentence 6 - 18 months vs. 10 years* ○ Sexual Assault Level 2 Involves the use of a weapon or bodily harm or threats of violence Max sentence 14 years* ○ Sexaul assalt Level 3 Involves wounding, disfiguring, or endangering the life of the victim Max sentence Life* *Possible SexOffenderRegistry (10 years, 20 years or life) * Example Case If someone remove a condom in the middle of sex, is this sexual assault? ○ Violates the legal grounds for consensual sex (2022) Sex of the victims and accused revised Spousal Immunity terminated Sexual intercourse no longer a requirement No statute of limitation ○ No longer does the victim have the file the report immediately ○ No longer a bias when filed later on Rape shield law introduced ○ Lawyers are no longer allowed to bring up sexual history of the victim ○ To discredit claims or make then seem untrustworthy, easy ○ Slutshaming, blaming the victim Distinctions made b/w implied vs. actual consent ○ Actual consent is required ○ An unconscious person cannot consent Extreme intoxication no longer accepted What 2 elements must occur together for there to be a crime? 1. Mens Rea The guilty mind can be a result of: ○ Negligence Willing to take steps to avoid harm Can be a crime of omission ○ Ex. Failing to provide a child with medicine when an injury occurs OR a crime of commission ○ Ex. Leaving kids in a car without supervision ○ Recklessness When someone acts in a way they know it's risky Foresees it causes harm to others Ex. a person driving x2 speed limit in a school zone ○ Wilful Blindness A person is aware a crime is likely being committed but they chose to turn a blind eye and ignore the facts Ignorance is bliss Ex. someone is a drug dealer asks you if you could take a backpack to Vanier and they will pay you $1000, you get busted for drugs from the cop, your still guilty 2. Actus Reus Crime of Commission ○ ex. Engaging in a certain behavior; theft Crime of Omission ○ Ex. failure to acts; an individual not reporting taxes What is an Alibi? The accused claims there is evidence that shows that they could NOT have committed the crime Strong alibi: location, time, past occurrences, receipts, CTV footage Weak alibi: friends basement, words of yourself and a friend Alibi evidence must be: 1. Adequate Alibi must contain sufficient detail for police to cross check 2. Timely Alibi must be stated to the police asap for the police to check A fabricated alibi can be used against the defendant when determining the verdict James Balger Went to mall with him mum They were in a store When in a store her son was lured away to a railroad where he was kicked, battered, batteries shoved into his mouth, then weighted his head with ruble for a train to run over Then found 2 days later Forensics testified to the death being before the train ○ His death was caused by 2 older children Robert Thompson and Jon Venables Charged and found guilty Made the youngest convicted murdered in modern history At what age should someone be held criminally responsable? In Canada ○ Under 12 years of age = no criminal Responsibility Legal defense - Age ○ Oldest: 16 = Argentina ○ Youngest: 10 = England & Australia ○ 18+ = Full criminal responsible Excuse Defenses A Crime was committed, but the conduct can be excused because the defendant lacked the mens reas (guilty mind - they are not old, mature enough) Actus non facit nisi mens sit rea ○ An act does not render a man guilty of a crime unless his mind is equally as guilty Age and the Law Who is considered a youth in Canadian Criminal Law? ○ 12 - 17 ○ Limited criminal responsibility What legislation determines how to respond to youth? ○ The Youth Criminal Justice Act (2003) What is the maximum sentence for 1st degree murder? ○ Adult: 25 years+ (maybe parole) ○ Youth: 10 years = 6 years custody + 4 years in community After 18 they will be put into a adult detention center but if there good they will stay in the youth detention center What is the max sentence for second degree murder? ○ Youth: 7 years = 4 years in custody + 3 years in community Kailey Oliver-Machado Recruits young girls (13-17) to come to a house then drugged up and posted theses photos online and then had ppl contact for non-conensual sexual acts, they were shamed and blackmailed and rid of all there belonging and blackmailed to stay with the pip or else there life will be in danger 15 years old Sentences as an adult Ottawa Can youth in Canada be sentenced as an adult? Yes 14 years old or older and convicted of a serious or violent offense Jeremey Steinke & Jasmine Richardson Alberta Went to play games with his friends and knocked on his friends door to see blood and dead bodies then grabs his mom and police and see 2 parents and an 8 years old son their 12 years old daughter were missing Quickly found out she was the murderer Jasmine and her 23 year old boyfriend killed the fam Jeremey was a 300 year old blood drinking werewolf She went into the gothic lifestyle after falling in love with him then they grounded her This was enough reason to murder their family She was sentenced as a youth ○ 10 years (released in 2016) But for jeremy ○ Life sentence (parole after 25 years) (eligible for parole in 2031) James Holmes USA - july 20th 2012 - aurora colorado 24 years Grad student in neuroscience Premier of batman @ midnight He pretended to take a phone call though the emergency exit He was wearing a protective suit and gas mask then through 2 tear gas canister into the audience and then shot up the theater Matter of minutes he killed 12 people and injured 70 others and his assault rifle got jammed He then surrender to the police When asked he didn't remember hearing anything bc he was listening to music and was calm as his mission was to kill ppl and added pointo to his life and absorbing their aura He mailed a book to his physiatrist detailing everything he was going to do dedicating it to his mother and father Pleaded no guilty due to insanity Diagnosis of schizophrenia  ○ He says it was all his own plan He was found guilty; received 12 life sentences without parole NCR ○ Not Criminally Responsible NCRMD ○ Result of a mental disorder, an individual is incapable of appreciating the nature and quality of their actions ot of knowing that the act was wrong Man stabs, behead and cannibalizes a man sleeping on a bus Hes hearing voices that he's a harmful alien Matthew De Groots Can a person be found NCR when their actions are planned and deliberate? ○ Dog breeder with mental health issues (delusion), paranoia regarding someone trying to steal his dogs, he was determined to catch him, then stole sex handcuffs and hid away. One day a neighbor makes an animal complaint and an officer goes to investigate. Then he beats and strangles the officer, and handcuffs the officer in the police car to then prove he caught his thief. ○ He was found NCR ○ Released into the community in 2016 wo supervision (less than 10 years) + changed name DO they get a criminal record? ○ NO They are no criminal responsable or guilty Where do they go? ○ Mental Health Institution with a forensics unit Do they have a set sentence? ○ No Indeterminate sentence (don't know if or when they will be released) When they are no longer a risk to society Who will have jurisdiction over these ppl? ○ Review Board Made of individuals (doctors, lawyers, past judges…) decide whether or not an individual will be released Why is this defense so controversial? ○ Mental state of the person at the time of the crime ○ Way back into the past and asses their mind ○ Premeditating a mental illness ○ Reoffending?  Mental ill NCR is less likely to be reoffending as they have been medicated and rehabilitated ○ This is rarely successful in court ○ It's not a get out of jail free card They have an indeterminate sentence ○ Jury might expect an mentally ill person to act in stereotypical mentally ill ways They will not see it in court Only someone fit and competent will be able to stand trial Automatism ○ The defendant commits an offense due to impaired consciousness in which they lost voluntary control over their body Night terrors Medical conditions (epilepsy, diabetes, concussion, etc) ○ What if this person was intoxicated self -induced Intoxication that is voluntary is not a defense Spiking = automatism Mixed up signaged Wrong dosage b/c of thomas and brown and sullivan June 23, 2022 Self induced extreme intoxication allowed in a court of law (defense) Supreme court recognised; alcohol alone will never lead to this Must be used with mind altering drugs or combination with alcohol Kenneth parks Toronto, 23 Husband and father of a baby girl Lost his jobs, home life was bad, gambling addiction = debt Lead to insomnia One night he slept and drove to his in laws house and then beat his mother in law to death, then choked his father in law and repeatedly stabbed both of them Father in law survived He had no animosity towards them He was acquitted-> found not guilty Thomas Chan 2015 Weekend, he was with his friends, magic mushrooms At his house in the basement He had previous and pleasurable experience He took more than his friends to feel more Speaking gibberish, went to his mom and his sister and cursing them up Went out underdressed to run to his dads and step mother house (no animosity) “I am God” , “I am not afraid anymore” He killed his father and stabbed his step mother Found guilty of manslaughter and aggravated assault (5 years) Now a free man after the change in supreme court  Mistake of law ○ The defendant claims they were unaware of the law and therefore unaware that they committed a crime Mistake of fact ○ The defendant states they were aware of the law but honestly believed they were not breaking it Justification Defenses The accused admits to committing an offense but argues that the act was justified Concent ○ The accused contends that the victim was a willing party in the offense ○ Victim was a willing participant Dual or a fight Property crime (stealing vs. borrowing) Sports Paying for a job, when they were a hired job Artist, Physio, construction, plastic surgery Terms and conditions Cannot be used for murder What is the age of consent for sexual activity ○ 16 Close in age exceptions ○ 14 or 15, can consent to sex with someone less than 5 years older than them (14-19) (15-20) ○ 12 or 13 can consent to someone who is 12 or 14, or 13 or 15 ○ All of these circumstances the other person cannot be a person of trust (mentor, coach, teacher…) Duress ○ The accused claims that Involuntarily committed an offense bc they were threatened with immediate harm Necessity ○ The accused clams they Voluntarily committed an offense to prevent a greater harm from happening Killing someone to survive of hunger and cannibalism then won't go through but if the person was already dead or dies on other terms will go though  Self Defense ○ The accused argues that they inflicted harm on another person to protect themselves or others Key elements The threat must be imminent Only reasonable force is used ○ R v Lavallee (video) They were common law partner and fight with violence, rust was abusive physically She made trips to the hospital One night she hid in a closet then turned violent when he hit her 2 time in the head, then gave a loaded shotgun to her “either you kill me or i'll get you”, then she shot him in the back of the head Established legal recognition of BWS defense ○ Battered woman syndrome Entrapment ○ When the police use leading or manipulative techniques to induce an individual into carrying out an offense ○ Providing opportunity is NOT entrapment ○ Inducing an individual to commit an offense they would not have otherwise IS entrapment Provocation ○ The accused claims that they were provoked into a violent reaction ○ The provoking act must be an indictable offense (2015) Example Seeing a loved one being sexaully assalted or murdered ○ Can only be used for the crime of: Second Degree Murder ○ Considered a partial defense Accused is NOT acquitted, but charge is reduced from murder to manslaughter