Criminal Law Chapter 5 (GNED 304) PDF

CRIMINAL LAW CHAPTER 5  HISTORICAL ORIGINS Code of Hammurabi (1754 BCE) Historically, crime was a conflict between private citizens. Today, crime is a public offence against the state (Ex. R v ______) Trial by ordeals—Subjecting accused to a painful or dangerous test as a m...

CRIMINAL LAW CHAPTER 5  HISTORICAL ORIGINS Code of Hammurabi (1754 BCE) Historically, crime was a conflict between private citizens. Today, crime is a public offence against the state (Ex. R v ______) Trial by ordeals—Subjecting accused to a painful or dangerous test as a means of seeking an answer from the divine about the accused’s guilt or innocence (ex. Iron and infection) PRIMARY SOURCES OF LAW Criminal Code created in 1892 Regulatory Offences: Pertain to activities that are otherwise legal (ex. drinking ages or driving) Common-Law: Also known as ____________?… -Advantages? Why is it helpful to know what other judges decide? - Common Law defences help preserve a fundamental principle of justice; moral blameworthiness. What are 2 examples of this? Moral Blameworthiness: Does accused deserve to be punished?  ACTUS REUS Latin for “Guilty Act” Physical acts and circumstances that MUST be proven to have happened- beyond a reasonable doubt. Split into 3 parts: Voluntary, Conduct, Consequences. All must be proven to establish actus reus.  CAUSATION AND INTERVENING ACTS The causal link between a accused’s conduct and the legal consequences is known as the causation IA: an event/act that occurs between action and injury that breaks the causal like Greg vs. Wayne  OMISSIONS The failure to act in times when there is legal obligation to do so Quebec’s “Good Samaritan” law.. Should Ontario adopt this? Necessities of life… what is drugs and alcohol become involved?  MENS REA Latin for “Guilty Mind” Concerned with the accused’s state of mind Subjective: Intention, Knowledge, Recklessness, Willful Blindness Objective: What would a reasonable person have known and done in the same circumstances. Examples? - Modified Objective Standards: individualization  MURDER Devan Selvey and his mother :( Crown must be able to prove that the accused intended to cause the death of the victim. Degrees of Murder Self Defence: 3 Elements  MODES OF PARTICIPATION Party to an Offence= 21(1) of the Criminal Code: Every one is party to an offence who: a) Actually commits it (the principal) b) Does or omits to do anything for the purpose of aiding any person to commit it (ex. standing guard) c) Abets any person in committing it (ex. directing bank robber using security cams) Counselling and Accessory after the fact  AND LASTLY… Conspiracy Agreement between two or more people to commit an offence Doesn’t require completed actus reus! Automatism: Involuntary acts - Impaired consciousness…Ken Parks - External physical or psychological trauma that can cause unconsciousness - Involuntary intoxication/ being drugged unknowingly Mistake of Fact: Not admissible in court for consent cases!  Baby Driver Which mode of participation is this?