Law 2101 Lecture Notes - Lecture 6: Youth Criminal Justice Act, Actus Reus, Summary Offence

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22 Oct 2016
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Law 2101
Lecture 6: Criminal Law
What is a Crime?
An act or omission considered to be a wrong against society
Prosecuted by the state in criminal proceedings
Involves moral wrong
Reserved for the most serious harms in society
Terminology
Civil cases brought by individuals
o Smith V. Jones
Criminal cases brought in the name of the state
o The Queen against Jones
o R. V. Jones
More Terminology
Criminal Case: Prosecution, not an action
Prosecuted or charged, not sued
Civil
o Plaintiff and defendant
o Balance of probabilities (More than 50%)
Criminal
o Plaintiff= Crown or the prosecution
o Defendant+ the accused or defendant
o Victim, complainant
o Beyond a reasonable doubt (Crown must prove/ Crown has the burden of proof)
Does’t hae to e % or greater than 50%
Probably is not good enough
Sources of Criminal Law
Federal vs. Provincial (ss. 91 and 92, Constitution Act, 1867)
o Once a British Colony; derives from British Common Law
Common law crimes abolished (s.9)
All crimes statutory
o Controlled Drugs and Substances Act
o Criminal Code
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Scope
Criminal Power is a state power in the USA
Criminal Law in Canada being uniform across the country (All crimes within each
province are the same)
o Federal Statute and Federal Matters
Territorial
o Only for what people do in Canada (Crimes)
o Do’t get harged i Caada if ou are Caadia ut urder soeoe i Frae
Age
o Under 12- not an offence
o 12-17- Youth Criminal Justice Act
o 18+- Criminal Code
Time
o No limitation period for indictable
o 6 months for summary: 6 months when the crime is committed and the person is
charged. It is a summary conviction offence
o We do’t hae a statutes for tiig for litigatio
o No statute of limitation
Analyzing a Crime
Physical and Mental elements of a crime
A-R-M-E-D
o Actus Reus (Physical)
o Mens Rea (Mental)
o Defenses
Actus Reus
Physical Elements of Offence
o Conduct
o Circumstances
o Consequences
Baking the Cake
Get the recipe
Check the pantry
o Look at the facts
Produce the cake
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