SOCI-225 Lecture Notes - Lecture 2: Actus Reus, Regulatory Offence, Hybrid Offence
15 May 2018
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Class #2 – May 2, 2018 – Ch. #3
Criminal Procedure:
- Refers to legislation that specifies the procedures to be followed in the prosecution of a
criminal case.
Procedural Provisions in the Canadian Criminal Code:
1. Indictable offences: Serious crime, jury trail option. (ie. Murder)
2. Summary convictions: Petty crime, no need for jury trail. (ie. Soliciting)
3. Hybrid offence: Both (power rests with crown counsel and may be tried either way) (ie.
Impaired driving) – For example, they killed someone over the legal limit.
Police in Canada can put forth any charges in the criminal law, this is then sent with reason to the
court and they decide what will happen. Once in front of the judge, the judge can decide whether
they will be able to prove the defendant guilty.
Criminal Procedures also defines the nature and scope if powers of criminal justice officials. (ie.
Judge alone, judge and jury, Provincial or Superior court)
True crimes vs. Regulatory offenses:
- True Crimes are things like robbery, theft, assault, fraud… whereas regulatory offences
are concerned with the orderly regulation of activities that are legitimate (ie. Driving
infractions, the fishery act)
Common Law – Judge made law that has evolved in areas not covered by legislation. (Case law,
setting a precedent)
- Abortion.
- Prior to 1982 – The mentally ill criminals could be held indefinitely in a hospital.
Charter of Rights and Freedom (1982): Even though the laws let people out of hospitals, and jails
these people were falling through the cracks and a spike in crime.
- Empowers judges to declare any piece of legislation to be invalid if it infringes upon an
individuals charter rights.
- Jane doe vs. Toronto metropolitan police: The police withheld information about a rapist in
Toronto. She was the victim of a sexual assault, went against the police and she won
because of her safety.
- Abortion was deemed to infringe upon the rights of Canadian women under section 7 of the
Charter security of the person.
Basic Elements of Crime:
- Comprised of two components: Actus Reus (The act) and Mens Rea (The guilty mind)
- Cannot have one without the other.
Actus Reus (The Act)
1. The conduct (Voluntary act or voluntary omission of an act)
2. The surrounding or material circumstances.
3. The consequences of the conduct.
Mens Rea (The mind or intent)
1. Subjective mens rea: Based on the notion that an accused may not be convicted of a criminal
offense unless they …
a. They deliberately intended to bring about the consequences prohibited by written law.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Class #2 may 2, 2018 ch. Refers to legislation that specifies the procedures to be followed in the prosecution of a criminal case. Police in canada can put forth any charges in the criminal law, this is then sent with reason to the court and they decide what will happen. Once in front of the judge, the judge can decide whether they will be able to prove the defendant guilty. Criminal procedures also defines the nature and scope if powers of criminal justice officials. (ie. judge alone, judge and jury, provincial or superior court) True crimes are things like robbery, theft, assault, fraud whereas regulatory offences. Common law judge made law that has evolved in areas not covered by legislation. (case law, Prior to 1982 the mentally ill criminals could be held indefinitely in a hospital. individual(cid:495)s charter rights. Jane doe vs. toronto metropolitan police: the police withheld information about a rapist in.
