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Lecture

Class 5.doc


Department
Law
Course Code
LAWS 2302
Professor
Mike Smith

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Criminal Law February 6, 2012
Class 5
Assignment: 7 pages
Know the facts; jurisprudence; aggravating and mitigating factors; don’t make up
facts; jurisdiction (OCA); anticipate what the Crown will ask for (if you think they
will propose jail, say why they shouldn’t receive that) or vice versa; what is it I’m
asking for and why
Due March 19
Maximum of 3 cases (Westlaw or quick law)
Need case law (current and not overruled)
Citations in submission
Hard copy. Due in class
Court – Elgin Street. Courtroom 7 (sentencing hearing)
Formal
Attaching liability
Culpable criminal sense
People as individuals shouldn’t benefit from engaging in criminal activity
with others and denying responsibility
Don’t need to engage in actual crime but if you engage in some meaningful
way, you are still in trouble
S. 21 of Code (Party to an offence section)
Can attach liability to an individual even if they weren’t the one to commit
the crime
Can be charged with liability for 3 reasons:
Commit the offence
Doing or omitting to do anything for the purpose of someone else
committing the offence
Abetting
Joint criminal venture even if you were not directly involved (get away driver
etc)
Level of moral culpability changes at sentencing. Different levels for party
and perpetrator
S. 21 is used often (swarming, robbery) by Crown
Have to claim you were there, but that is all, and were not participating
No good citizen law
S. 21(2): courts try to avoid individuals trying to extricate selves out of crime
Foreseeability
Dissuade people from participating in group crime (joint ventures)
S. 21 – two or more individuals (glue section)
No one gets charged with s. 21 – you get charged with the party of the offence
of whatever the crime was
Mere presence is the defence of s. 21
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