Law 2101 Lecture Notes - Lecture 7: Summary Offence, Actus Reus, Convenience Store
3 May 2018
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Tuesday, September 12, 2017
Law 2102 — 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!
•Smith v. Jones!
•Not only human beings but corporate!
•One v. Other !
-criminal cases brought in the name of the state
•The Queen against Jones!
•R. v. Jones !
•The queen (R) against person or corporation!
-Regina means queen (R) !
•Cases in America follow same actions but not with queen!
-State of New York v. Jones!
Criminal Case is
-prosecution, not an action!
-prosecuted or charged, not sued!
Civil
-plaintiff (suing) and defendant (being sued)!
-balance of probabilities (Plantiff must prove case)!
•Whoever is deciding the case, is the judge is convicted that the plaintiffs version is
more probably the decide with the plaintiff, vice versa!
•Must be proved to 51% of vote!
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Tuesday, September 12, 2017
Criminal
-plaintiff = Crown or the prosecution!
-defendant = the accused or defendant!
-victim, complainant is the person who is wronged!
•Would be witness in the case but not a party in the case!
•Unlike civil where wronged bring the case!
-In a criminal case the crown must bring burden of proof beyond a reasonable doubt
(BARD) (Crown must prove)!
Sources of Criminal Law!
-federal vs. provincial (ss. 91 and 92, Constitution Act, 1867)!
•Derived from common law derived from British !
•Gone beyond, Canada has done away with common law process and has been
codified. It is contained in some statue (Most in the Criminal Code) !
-Murder, robbery, theft, sexual assault !
-Some things are in other statues!
•Drug offences in separate statue!
-common law crimes abolished (s. 9)
•Common law defences have been preserved and are still valid!
-all crimes statutory — All crimes have to be enacted by federal government
(crime in all provinces)
•Controlled Drugs and Substances Act!
•Criminal Code !
•British is not all statutory!
-Guy put together a ladies directory for prostitution in London, England!
•People thought he should be charged but was very carful and didn’t cross lines so
had a problem of what to do with him. Went to highest courts in Britain and was
convicted, they made a crime for this and made him first convicted!
•Wheras in Canada, must have statue for it and if there isn’t law, must make one
and cannot be retroactive!
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Tuesday, September 12, 2017
-Even though criminal offences have to be enacted by criminal government we Can
and do have offences enacted by provincial government but aren’t criminal
(Speeding — Highway safety act) Quasi-Criminal Offences!
Scope of Criminal Law !
-Territorial
•It applies to stuff done in Canada!
-Doesn’t matter if your a citizen, you are prosecuted in the place it happens!
-If you rob convenience store in New York, its their problem not Canada!
•Internet is different, same as; Piracy, Sex Vacations, Offence on Airplane!
-Age of the accused
•Under 12 — cannot in law be charged with a criminal offence!
-Not considered responsible !
•12-17 — Youth Criminal Justice Act!
-Some provisions to be pushed up to Criminal code, depending on offence!
-Same offences, but penalties are much different!
•18+ — Criminal Code !
-Time
•No limitation period for indictable !
-2 classes of criminal offences (Indictable and summary conviction offences)!
•Indictable (Felony)!
-In States there is statue of limitations and a person can no longer be
prosecuted!
-In Canada there is not time limit for indictable offences!
•Convictional (Misdemeaner)!
•Most offences in Canada are neither, they are hybrid and can be either
Indictable or Summary conviction!
-Depends on degree of seriousness of a crime, criminal record (Would go on
way of inditement for higher penalties)!
•6 months for summary convictions offences — Time since crime was done to time
victim is charged. Some are a year!
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Document Summary
An act or omission considered to be a wrong against society. Prosecuted by the state in criminal proceedings. Reserved for the most serious harms in society. Civil cases brought by individuals: smith v. jones, not only human beings but corporate, one v. other. Criminal cases brought in the name of the state: the queen against jones, r. v. jones, the queen (r) against person or corporation. Regina means queen (r: cases in america follow same actions but not with queen. Victim, complainant is the person who is wronged: would be witness in the case but not a party in the case, unlike civil where wronged bring the case. In a criminal case the crown must bring burden of proof beyond a reasonable doubt (bard) (crown must prove) 91 and 92, constitution act, 1867: derived from common law derived from british, gone beyond, canada has done away with common law process and has been codi ed.
