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LS 101 – Oct.17.doc

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Legal Studies
LS 101
Frances Chapman

LS 101 – Oct. 17 18/10/2007 05:36:00 ← CRIMINAL LAW ← ← Canadian Criminal Code (CCC) ← Narcotics Control Act ← Division of Powers ← ← Actus Reus • Physical action that constitutes a crime with evidence of that unlawful conduct (can be minimal e.g. waving down a car while soliciting for prostitution) • Causation • Can be a continuing act, not just a one-time act e.g. Fagen and resting car on policeman’s foot • Can also be an omission e.g. neglect • Must be voluntary, from a willing mind • Reasonable person test to what that person expected to happen/result from their action ← Mens Rea • Requirement that a guilty mind accompany the act that constitutes a crime • Intent to do the act knowing the consequences or proceeded with reckless disregard (impaired) • Motive – separate from Mens Rea • Subjective/Objective ← ← ACT INTENT ← Actus Reus Menus Rea ← (must be voluntary) ← (or OMISSION) ← *prohibited harm ← ← *MALA IN SE = Bad in themselves ← *MALA PROHIBITA – because the Law says they are wrong ← ← Mens Rea/Mistake of fact – R. v. Ladue • Indignity to a corpse • Sexual relations when he thought Veronica was sleeping, while she was, in fact, dead ← ← FORMS OF INTENT ← 1) Intentionally • e.g. incest – S. 155 (1) ← 2) Recklessness – R. v. Sansregret • S. 433 – damage by fire or explosion to property (arson) • When you foresee it may occur (doesn’t have to be certain) • Indifferent to the consequences ← 3) Negligence – criminal negligence – S. 219 • Everyone is criminally negligent who o In doing anything, or o In omitting to do anything that is his duty to do, • Shows wanton or reckless disregard for the lives or safety of other persons ← 4) Offences of Absolute or Strict Liability • S. 351 – Possession of Break-in Instruments ← ← Burden of Proof • Has to be some degree of moral certainty that this person is guilty beyond a reasonable doubt • Onus – responsibility to prove guilt/innocence ← Presumption of Innocence ← Ignorance of the Law ← Evidence • Can only testify to what is within their knowledge • No hearsay – only allowed in extremely narrow cases • Voir dire • Pg.151 – R. v. Feaney • Who can be a witness? – Canada Evidence Act (CEA) o You do not have to testify against yourself – this cannot have an adversarial effect on the accused  However, if you do testify, you must answer all questions honestly o Husband/wife testimony  Cannot be compelled to disclose any communication made with one another during the course of their marriage o Incriminating statements o Right to remain silent ← ← ← PRINCIPLES OF THE CRIMINAL LAW ← ← Indictable Offences • Serious crimes that are punishable by incarceration for at least 2 years • 2 years, 5 years, 10 years, 14 years, life ← Summary Offences • 6 months + fine ← Hybrid Offences • Can be either a summary or indictable offence • Treated as indictable on the first trial (i.e. have to go to first appearance – cannot send a representative) ← ← Offences Against Public Order • Treason, terrorism, perjury, fabricating evidence, public mischief, nudism, indecent act • Against the State (and society) ← Offences Against the Person • Against the individual person (not society on a whole) • Mur
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