INTRODUCTION TO CRIMINAL LAW
What is a crime? A CRIME IS A WRONG AGAINST SOCIETY.
In a criminal trial, it is the government - in the name of the king or queen - who
prosecutes the accused. This is why criminal cases are named like this:
R. v. Smith
The "R" stands for Rex (king) or Regina (queen). The "v" stands for versus. The name
that follows is the name of the accused person.
It is important to understand that the government acts for the benefit of society in
general. It does not act for the individual victim. When a person is found guilty of a crime,
that person will be given a penalty such as a fine or a term in prison. The purpose of the
penalty is to punish and rehabilitate the offender and to discourage (deter) others from
breaking the law. Although a criminal court may order the offender to make restitution (to
pay back the victim), it is often up to the victim to seek compensation by suing the offender
in a civil court.
CASE: Rick Robber breaks into Mr. Smith's house and steals his television, DVD player, and
stereo system. Rick is later charged and convicted of Break and Enter and of
Theft. The goods are never recovered.
QUESTIONS:
1.
How would this case be named?
2.
Because Rick has been found guilty, can Mr. Smith expect to
receive money from Rick for the goods that he stole? Explain.
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TYPES OF CRIMINAL OFFENCES:
Summary Offences
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relatively minor offences
maximum penalty for most summary convictions is $2000 and/or 6 months imprisonment
shorter trial process
examples include Cruelty to Animals, Causing a Disturbance, Nudity, Soliciting, and
Trespassing at Night
Indictable Offences
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serious criminal offences
maximum penalty for some indictable offences is life
examples include Murder, Robbery, Aggravated Assault, Theft Over $5000
Hybrid Offences
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can be tried as either summary or indictable (it is up to the Crown to decide how they
want to proceed)
treated as indictable at the time of arrest
examples include Mischief, Sexual Assault, and Theft Under $5000
HAS A CRIME BEEN COMMITTED?
Crimes are made up of 2 parts. The physical part is called the actus reus, which is Latin for
"guilty act," and the mental part is called mens rea, which is Latin for "guilty mind." A crime
is committed when a person voluntarily did the wrongful action of the crime (actus reus)
AND knew what the results of their actions would be (mens rea).
THE PHYSICAL ELEMENT: ACTUS REUS
1.
2.
3.
The physical act of doing something - for example, punching somebody in the face.
The act of omission (doing nothing) - for example, refusing to help a police officer
when asked.
A state of being - for example, being in possession of stolen property.
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THE MENTAL ELEMENT: MENS REA
1.
2.
3.
Intentionally causing the wrongful consequence.
Recklessly causing the wrongful consequence.
Knowledge of certain circumstances.
Intention
Many crimes require that the person intended the wrongful consequence. What does
this mean? Here's an example:
Gil is playing baseball. He's up to bat. He slams the ball. It flies out of the park and
hits the Smit's kitchen window. Gil says to Mr. Smit, "I'm sorry I broke your window; I
didn't know I could hit the ball that far." Gil intentionally hit the ball, but he didn't intend
to break a window. It is important to understand that intention in criminal law means that
you intended to cause the wrongful consequence.
It is often difficult to know what a person intended when doing a certain act.
Therefore, a judge or jury is allowed to assume that a person intended the natural
consequences of an action. Here's an example: George stabs Mario during an argument. A
judge or jury may assume that his intention was to seriously injure or kill Mario.
A person's intention for committing a crime is different from motive. An unemployed
parent may rob a store to get money to buy groceries. The parent's motive, to feed the
family, may be good, but the parent has still committed the crime of robbery. A good motive
will not save a person from being found guilty of a crime. However, a judge may consider the
accused's motive when deciding on a penalty. As well, establishing a motive is not necessary
to convict somebody of a crime, but it usually helps.
Recklessness or Negligence
Sometimes a person can be charged with a crime for acting recklessly or negligently.
Usually we can say that people are being reckless or negligent when they should be able to
see that the consequences of their conduct may be harmful, but decide to take an unjustified
risk anyway. For example, Louise is late for work and is tired. On her way to work, she buys
a Tim Horton’s coffee and while sipping on it calls her boss with her cell phone to let her
know that she’ll be late. On her way to work, she hits a pedestrian who later dies. Louise
could be charged with criminal negligence causing death.
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Criminal negligence is defined as follows:
219.(1) Everyone is criminally negligent who
(a)
in doing anything, or
(b)
in omitting to do anything that is his (legal) duty to do
shows wanton or reckless disregard for the lives or safety of
other persons.
In cases involving recklessness or negligence, the accused person did not intend for anything
bad to happen. However, a person who should know that their reckless, negligent, or
careless action may lead to a bad consequence can be deemed to have mens rea if the bad
consequence does in fact occur.
Knowledge
Knowledge of certain circumstances can provide the mens rea of an offence. For example,
perjury - giving false evidence during a trial about something you know - is a crime.
The Criminal Code also states an important principle about knowledge of illegal conduct:
19.
Ignorance of the law by a person who commits an offence is not an excuse for
committing that offence.
In other words, you cannot escape responsibility for criminal conduct by claiming that you
didn't know that the act you committed was against the law.
ASSIGNMENT:
Using your knowledge of actus reus and mens rea, state which of the following persons would
be guilty of committing an offence. Be sure to explain your answers.
1. Sergia, while hunting with some friends, was aiming at a deer but accidentally shot
another hunter, Jeff.
2. Bernice, a six-year-old, was playing with her father’s rifle and killed her friend, Jack.
3. Alex, while goofing around with his friends, shoves his best friend Tommy onto Eagle
Street. Tommy is hit by a car.
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4. Raymond, while walking through the park, was frightened by Leonard who jumped into
his path. Thinking Leonard had a gun, Raymod pulled out a revolver and shot Leonard,
killing him. Leonard had no weapon at all.
5. Jimmy, a 19-year-old, was playfully shooting at road signs. He accidently shot and
injured a passing motorist.
6. Sylvia, who was driving down King Street, hit and killed a cyclist who had swerved out
in front of her.
7. As a joke, Jason points a gun, which he believes is not loaded, at Lana and fires. Lana
dies of a gunshot wound to her head.
ATTEMPTS
It is an offence to try to carry out a crime, even if the crime is not completed. For
example, to shoot at a diplomat in a bullet-proof car is attempted murder; even though the
bullet may be deflected, the intent to commit a crime existed.
To be charged with an attempted offence, the accused must have done more than
prepare for it. It is the judge who decides (even in a trial by jury) when the preparation stage
has ended and the attempt stage has begun. The mapping of the diplomat's travel route and
the purchase of a gun are preparation; the attempt begins when the person moves to commit
the action.
Case:
A warehouse guard is planning to break into the warehouse in which she works
and steal some goods. Before she leaves for the night, she omits to lock the door,
so that she can break in more easily later on. Before she returns, her plan is
discovered by the police. Can the guard be charged?
CONSPIRACY
Ramona, Diane and Frank plan to steal some stereo equipment from a store in their
neighbourhood. At the last minute they decide that it is too risky and scrap their plan.
Have these three committed an offence? Yes, they have. It is the offence to conspire;
that is, to make an agreement to do an unlawful action. Whether or not the action is ever
carried out does not matter. An offence is committed as soon as two or more people agree to
perform an unlawful action.
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WHO CAN BE CHARGED WHEN A CRIME IS COMMITTED?
PERSON INVOLVED
DEFINITION
Principal actor
A person who actually commits a crime - that is,
commits the actus reus and has the mens rea.
Aider and abettor
A person who helps and encourages the principal actor to
carry out a crime.
Counsellor
A person who counsels or recommends that a person
commit an offence.
Accessory after the fact
A person who receives, comforts, or assists anyone who
has been a party to an offence.
The aider and abettor and the counsellor are parties to the offence. They will be charged
with the same offence as the principal actor and may or may not receive the same
punishment. Somebody who is an accessory after the fact will be charged under a separate
section of the criminal code.
Case: Angus plans to break into a cottage he knows is used only in the summer. He tells his
friend Pete his plan. Pete agrees to lend Angus his tool box, so he will have
hammers and screwdrivers for the break-in. Another friend, Suzette, tells Angus
the break-in is a good idea, and says she knows someone who might buy the goods
Angus steals from the cottage. Angus breaks into the cottage as planned and takes
some stereo equipment. He drives to the house of his friend Mary, and asks if he
can hide the stolen property in the garage. Mary agrees.
In this case, who is a principal actor?
Who is an aider and abettor?
Who is a counsellor?
Who is an accessory after the fact?
Suppose that Angus gets charged with Break and Entry and with Theft. He tells the police
of Pete and Suzette's involvement in the crimes. What will Pete and Suzette be charged
with?
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