Unit 3 Criminal Law
Chapter 4
Criminal Law
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Deals with offences committed against
society
Example: “break and enter”
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Charged under the criminal code (determined by
parliament – reflects the values of society)
If found guilty – fined, imprisoned or community
service
Penalties fail to compensate the victim

Victims must sue for damages under civil law
Need for Criminal Law
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Keep order in society
Offers penalties for crimes help deter
Does little to compensate victims
Public wants:
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criminal law should protect people and property
Some want harsh penalties to discourage
potential offenders or to punish wrongdoers
Some want rehabilitation
Nature of Criminal Law
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Parliament decides what is a crime and
passes laws to change the Criminal Code
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Criminal Code reflects the values of society
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Hot topics = Heated debates (euthanasia,
gun control, abortion, marijuana, pornography
For an act to be subject to
criminal penalties
1.
2.
3.
4.
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The action must harm other people
The action must violate the basic values of society
Using the law to deal with the action must not
violate the basic values of society
Criminal law can make a significant contribution to
resolving the problem
Any reform to the Criminal Code must take these
conditions into consideration
The Power to make Criminal
law
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1867 – Provinces gave jurisdiction over criminal law
to the federal parliament
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to decide which actions were crimes and set punishments
for crimes
Quasi-Criminal Law – those laws passed by the
provinces / territories / municipalities that are not
considered part of criminal law
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Don’t deal with actual crimes
Example: Highway Traffic Act, city bylaws
Acts usually result in a fine
The Criminal Code
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Criminal Code is the main source of criminal law in
Canada
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Other Criminal offences are listed in statutes passed by
Parliament (Controlled Drugs and Substances Act)
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Describes offences that are considered crimes, as
well as punishments for crime
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Judiciary (judges and courts)
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interpret the criminal laws and apply them to individual cases
Determines if a law trespasses upon citizen’s rights as
outline in the Charter
Determine and follow precedence
Types of Criminal Offences
Summary Conviction Offences
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Minor
Can be summoned to court without delay
Max. penalty: $2000 and/or 6 months in jail
Other statutes may have more severe penalties
Indictable Offences
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Serious crimes
Criminal Code – set up max penalties for each offence
Penalty decided by the trial judge
Some indictable offences have min. penalties that judge
must impose (D & D = $600 – 5 years imprisonment)
Types of Criminal Offences
continued
Hybrid Offences
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Crown attorney has the right to proceed
summarily and impose a less severe punishment,
or to proceed by indictment

Example: Theft (see page 108 “The Law”)
The Elements of a Crime
Actus reus – wrongful deed
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Must b shown that the person committed an act prohibited by law
Failure to do something (example: for parents to withhold the
necessities of life for their children)
Mens Rea – guilty mind
1.
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Intent or Knowledge: based on the facts and what a reasonable
person would be thinking under the circumstances
Intent – the true purpose of the act
General intent- intent is limited to the act itself (assault – crown need
only prove the intent to apply force
Specific Intent- when the person committing the offence has a further
criminal purpose
Law considers some people incapable of forming intent (mental illness,
minors, being extremely drunk or high
Case Example: R. v. Molodowic (text page 109)
The Elements of a Crime
continued
Mens Rea – guilty mind
1.
Intent or Knowledge: Continued
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Knowledge- knowledge of facts – prove mens rea
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Motive- reason for committing an offence
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Recklessness
Careless disregard for the possible result of an action
2.
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Not the same as intent
Does not establish guilt of the accused
Can be used as circumstantial (indirect) evidence
People don’t intend to harm others however they understand the
risks of their actions and proceed anyway
Must be proven by the Crown attorney, beyond a reasonable
doubt that actus reus and mens rea existed
Offences without a Mens Rea
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Usually violations of federal or provincial regulations passed to protect the
public (speeding)
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Regulatory offences
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Carry less penalties
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Don’t carry stigma associated with criminal convictions
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2 Types
1.
2.
Strict Liability Offences
Absolute Liability offences
Case: R.v. Wilson…. Page 111, read and answer questions1-4
Case: R.v. Memarzaheh… Page 111. read and answer questions 1-3
Offences without a Mens Rea Continued
1.
2.
Strict liability offences:
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The liability is said to be strict because the defendants will be convicted
even though they were genuinely ignorant of one or more factors that
made their acts criminal – no need to prove mens rea
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Therefore it is only necessary to prove the offence was committed
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Due diligence: defense used by the defendant (took care not to commit
the offence or honestly believed in a mistaken set of facts)
Absolute liability offences:
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Crown need only prove actus reus
no possible defence (no act was taken to prevent)
if the person committed actus reus, he or she is guilty, no matter what
precautions were taken to avoid committing the offence (can’t use due
diligence)
law does not specify which regulatory offences are strict liability or
absolute
prison term for an absolute liability is unconstitutional
Attempt
intends to commit the crime, but fails
 actus reus for attempt begins in the first steps
towards committing the crime (preparatory
stages are decided by judge or jury)
 can be tried for the act it’s self
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Conspiracy
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agreement between two or more people to
commit a crime or to achieve something legal
by doing something illegal
Parties to an Offence
Aiding or Abetting
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committing or encouraging (respectively)
Accessory After the Fact
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helping someone escape (includes providing
food, clothing of shelter)
harbouring a criminal
Excluding spouses