Law 2101 Lecture Notes - Lecture 7: Youth Criminal Justice Act, Beyond A Reasonable Doubt (1956 Film), Actus Reus
3 May 2018
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Department
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Criminal Law – Lecture 1 Summary
WHAT’S CRIMINAL LAW?
CHallmark is the moral component
CWrong against society and the state
CProsecution is the state (crown) against the accused (defendant)
CPresumption of innocence: not up to the accused to prove he didn’t do it, but rather up to
the crown to prove that he did
CBurden on the crown to prove it Beyond A Reasonable Doubt (BARD)
SOURCES OF CRIMINAL LAW
CMostly from English common law, but all crimes are now statutory
COnly federal government can enact criminal law
CMost, but not all, of criminal law is in Criminal Code
SCOPE
1) Territorial
Capplies only within Canada (some exceptions)
2) Age
Cunder 12 yrs old cannot be convicted of a criminal offence
CYouth Criminal Justice Act: 12-17 yrs, diff procedures and penalties, etc
C18 and over, dealt with as an adult
3) Time
Cno statute of limitations for indictable offences “time does not run against the Crown”
CSummary cases: usually limited to 6 months
ACTUS REUS
CPhysical Elements of a criminal offence (conduct, circumstances, and /or consequences)
(Mens Rea is mental element, most crimes consist of both elements)
CA/R must be willed, voluntary act, not just, e.g., a muscular contraction
CA.R.M.E.D – for analysing a criminal case (Actus Reus, Mens Rea, Defences)
CAll elements of A/R must be proved to get a conviction
ACTUS REUS: CAUSATION
CSome offences require the causing of certain consequences
CTwo step process:
(1) X is the cause of Y in fact – “But For” test (e.g., Winning)
(2) X is the cause of Y in law
– significant contributing cause (Smithers, Nette)
– “thin-skull” rule (Smithers)
– no break in chain of causation (no NAI)
Document Summary
C prosecution is the state (crown) against the accused (defendant) C presumption of innocence: not up to the accused to prove he didn"t do it, but rather up to the crown to prove that he did. C burden on the crown to prove it beyond a reasonable doubt (bard) C mostly from english common law, but all crimes are now statutory. C only federal government can enact criminal law. C most, but not all, of criminal law is in criminal code. C applies only within canada (some exceptions: age. C under 12 yrs old cannot be convicted of a criminal offence. C youth criminal justice act: 12-17 yrs, diff procedures and penalties, etc. 18 and over, dealt with as an adult: time. C no statute of limitations for indictable offences time does not run against the crown . C summary cases: usually limited to 6 months.
