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Department
Political Science
Course
PO210
Professor
All Professors
Semester
Fall

Description
CRIMINAL LAW 1) Elements a. Actus reus b. Mens rea i. Knowledge or intent ii. Recklessness or Willful Blindness c. Classification of offences i. Mens rea offences ii. Strict liability offences iii. Absolute liability offences d. Incomplete offences i. Attempts ii. Conspiracy e. 3 persons who may be charged i. Aiding and abetting ii. Counseling iii. Accessory after the fact 2) Specific offences a. Homicide i. Murder 1. First-degree 2. Second-degree ii. Manslaughter 1. Voluntary 2. Involuntary iii. Infanticide b. Property offences i. Theft ii. Break and enter c. Controversial offences i. Abortion ii. Obscenity iii. Prostitution iv. Possession of Marijuana for personal use 3) Defences a. Defences to actus reus i. Automatism ii. Provocation iii. Duress iv. Necessity v. Self defence b. Defences to mens rea i. Mental disorder ii. Intoxication iii. Mistake of fact CRIMINAL PROCEDURE 1) Classification of offenses a. Indictable offenses i. More serious offenses - trail by judge and jury in superior court ii. Less serious offenses – provincial court, judge alone iii. All other offenses – get to choose provincial court, no jury; superior court no jury; superior court judge and jury. b. Summary conviction offenses i. Minor offenses, provincial court, before a judge alone; max fine $5000, max prison term 6 months c. Hybrid offenses i. May be tried as either indictable or summary, depending on how the crown decides to prosecute. If crown decides to proceed as indictable – accused gets to choose provincial or superior court, jury or no jury. 2) Trial jurisdiction a. Must have both jurisdiction to hear particular matters, as well as territorial jurisdiction i. Summary conviction – Ontario Court of Justice ii. Most serious indictable offenses – Superior Court of Justice iii. Least serious indictable offenses – Ontario Court of Justice iv. Medium indictable offenses – Ontario Court of Justice or Superior Court of Justice 3) Investigatory powers a. Search and seizure i. Charter issues ii. Search warrant iii. Execution of a search warrant iv. Search and seizure without a warrant b. Investigation and questioning of subjects i. When a person is not detained ii. When a person is detained and arrested c. Other investigative tests i. Lineups ii. Breath and Sobriety tests iii. Polygraph tests 4) Bringing the accused before the court a. Process one: summons or arrest warrant i. Police officer lays down an information before the justice of the peace, if justice is satisfied then: 1. Issue a summons requiring the accused to appear before the court (no appearance – charged with failing to appear) 2. Issue a warrant for the arrest of the accused b. Process two: Appearance notice or arrest without a warrant i. Can arrest without warrant if: 1. Police officer has reasonable grounds to believe the person has committed or is about to commit an indictable offense 2. Police finds the person committing an offense 3. Police has reasonable grounds to believe there is an executable warrant out ii. When there is no probable cause for arrest without a warrant, the office may issue an appearance notice – requirement to appear in court on a certain date 5) Release of the accused prior to trial a. Release by officer in charge (when an officer has arrested an accused without a warrant) i. Release the accused on a promise to appear in court ii. Issue a recognizance (promise that the accused will pay a fine if he/she doesn’t appear in court) b. Judicial interim release (bail) i. Must appear for a bail hearing 1. Regular bail a. For the accused to be denied bail, Crown must prove that i. The accused is unlikely to appear for trial ii. The accused poses a risk to public safety iii. The accused’s detention is necessary in order to maintain confidence in the administration of justice 2. Reverse-onus situations a. It is on the accused to prove that they should be released pending trial if: i. The accused is charged with an indictable offense committed while he/she was out on bail for another offense ii. The accused is charged with an indictable offense and is not a Canadian resident iii. The accused is charged with failing to appear at court or breach of condition of a bail order iv. Accused is charged with an offense from the Controlled substances act v. Accused charged with offense involving organized crime or terrorism 3. Bail for offenses listed in section 469 a. Most serious offenses, no automatic bail hearing, must apply for a hearing, if granted, will take place before a judge of the Superior Court 6) Arraignment a. Reading of the charge against the accused in open court, takes place before a provincial court judge b. Accused pleads guilty – no trail, sentencing c. Accused pleads not guilty i. Summary conviction offense, less serious indictable offense, or accused chooses trial by provincial court – trail goes to provincial court ii. More serious indictable offense – superior court trial and the accused may request a preliminary hearing 7) Preliminary inquiry a. Purpose – for the judge to determine whether the Crown has sufficient evidence to go to trail b. Preliminary inquiry is available in the following circumstances i. Accused is charged with a section 469 offense (murder, treason etc) ii. Accused has been charged with an indictable offense that permits election of the mode of trail and has chosen trial before the superior court iii. Provincial judge has declined jurisdiction to try the case and has decided to hold a preliminary inquiry instead of a trial 8) Informations and Indictments a. All criminal prosecutions commence with the laying of an information
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