LS202 Study Guide - Due Diligence, Narcotic Control Act, Iceberg

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Parties and Inchoate Offences
Tuesday, February 12, 2013
9:50 AM
1. Parties to an Offence
o Not just individuals
Corporate organizations
o "principal" who committed the offence the "aider" who enabled someone else to commit the
criminal act, the "abettor" who encouraged another person to commit a crime, and a
"counsellor"
o PRINCIPAL: someone who actually committed the offence and has the mens rea and actus
reus required for the particular crime. There may be more than one principal
o AIDER: enabling (or omitting to do something) that allows someone else to commit a crime
o ABETTOR: encouraging another to commit a crime
o COUNSELLOR: an individual who, through acts or words, induces a person to commit the
offences they desire
o 21. (1) Everyone is a party to an offence who
Actually commits it;
Does or omits to do anything for the purpose of aiding any person to commit it; or
Abets any person in committing it
o Assists the principal is EQUALLY culpable for the same offence
2. Aiding and Abetting
o Aiding is helping WITHOUT encouragement or instigation, and abetting means promoting or
instigating a crime to be committed
Communication that would encourage and some that would encourage without actually
helping
Supplies a weapon, acts a lookout or derives the "getaway" car
When??
Aid or abet the assistance must have been rendered before or during the course
of the offence
Helping after the offence makes one an accessory after the fact
o R.v Kulbacki
o R.v. Laurencelle
3. Counselling
o Procure, solicit or incite
o Counselled may not actually commit an offence but simply help another party
o Must actually be encouraged
o Liable for every offence that the person commits as long as the counsellor knew or ought to
have known that other offences could result from their counselling
o Less participation than aiding and abetting
o R. v. Hamilton (2005)
No crime??
4. Accessories After the Fact
o Very serious offence and holds a maximum of 14 years of imprisonment
o Crime must have been committed
o Knowledge r wilful blindness that the party they are helping has committed a criminal offence
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o Historically - husband and wife could not be an accessory to a crime because they were seen
as "one person in law, and are presumed to have but one will"
o Repealed in 2000
o Facebook??
Maxi Sopos
"Life is very simple really!!! But some of us humans make a mess of it... Remember am
just here to have fun partteeeeee"
5. Inchoate Offences
o Incomplete or preventative; crimes that are incomplete
Offences serve as a preventative measure to stop a crime from occurring
o "inchoate crimes are a unique class of criminal offences in the sense that they criminalize acts
that precede harmful conduct but do not necessarily inflict harmful consequences in and of
themselves"
6. Attempts
o Intent to commit an offence
o Mens Rea
Mens rea very important in attempts
Need proof of "an intent to commit an offence"
In many cases the attempt requires a degree of mens rea that is greater that would be
required for the completed offence
Murder - can be "reckless" as to whether death ensues or not 229
Ancio in 1984 the SCC
Rationale
o Actus Reus
Historically - look of the conduct was "too remote" from the crime to be convicted
Actus Reus of an attempt is difficult to prove
Criminal Code = "mere preparation to commit an offence and therefore too remote to
constitute an attempt to commit the offence and it is a question of law
o Attempting the Impossible
"whether or not it was possible under the circumstances to commit the offence"
If intend - not important that you COMPLETE the crime
Imaginary crimes
o Punishment
Murder = life imprisonment + mandatory minimum if committed with a firearm (s. 239)
If crime normally life imprisonment for an indictable offence = maximum of 14 years for
an attempt
If any other indictable offence - 1/2 the longest term might have been imposed if
completed: Maximum is 10 years, then you get 5 for an attempt
Summary conviction - SAME max sentence as if completed - max $5000 and/or six
months prison
If hybrid - depend on how tried - if indictable max penalty is one - half of the completed
offence, summary get the same sentence for a completed offence
Regulatory Offences
Tuesday, February 26, 2013
9:43 AM
Introduction
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S. 91 of the Constitution Act says that the FEDERAL parliament has the authority to decide what are
crimes
Quasi-Criminal Offence
o A non- criminal offence that carries a penalty similar to that of a criminal offence but that is
subject to less complex court procedures than are criminal offences. For example traffic and
workplace safety offences
Provinces
o Highway Traffic Act
Regulatory Offences
A non-criminal offence that regulates conduct in the public interest, such as securities regulations.
Regulatory offences are often dealt with at administrative tribunals and not in a court setting
Due Process
o Procedural fairness; this means that the procedures are fair, lawful, impartial etc
Government delegates powers to agencies
o Set standards and regulations
o Powers
Fines
Send back to prison
Revoke licences
Deportation
Impartial bodies ensure that the government's authority is exercised in a fair and non-
discriminatory way
Members
o Specialized knowledge, training, education and/ or experience
o Should have autonomy
o Act according to regulations and legislation
o Question of jurisdiction
Use of Regulatory Offences
Minimum standards of conduct
Federal, Provincial, Territorial
False or misleading advertising, the production of dangerous products, regulations regarding
the handling and packaging of food products, pollution controls, safety issues in the
workplace, standards for weights and measures, the control of natural resources
Public policy objectives
True Crimes and Regulatory Offences
True Crimes
o Inherently wrong - harmful to the population
o More severe penalties, social stigma and criminal record
Regulatory Offences
o Lawful
o Protect the public from actions of business, industry etc
o Less serious??
o Quasi-criminal, quasi-judicial powers
Absolute Liability
True crimes - Crown must prove all elements b.a.r.d.
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