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Law 2101 (576)

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Western University
Law 2101
Mysty Sybil Clapton

Criminal Law – Lecture 1 Summary W HAT ’SC RIMINAL L AW ? C Hallmark is the moral component C Wrong against society and the state 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) SOURCES OF C RIMINAL L AW 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 SCOPE 1) Territorial C applies only within Canada (some exceptions) 2) 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 C 18 and over, dealt with as an adult 3) Time C no
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