Textbook Notes (362,812)
Canada (158,056)
Criminology (610)
CRIM 230 (44)
Chapter 1

Crim 230 Chapter 1.pdf

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Simon Fraser University
CRIM 230
Simon Verdun- Jones

Chapter 1OverviewWhat is Criminal LawabidingThe Definition of Crime in Canadacriminal lawlaw that portray the rules and principles of responsibility for acts and omissions deemed by states as crimefederal criminal law powerunder Constitution Act 1867 Parliament has jurisdiction in field of criminal law and procedures relating to criminal matterscrime consists of two major elements1 conduct that is prohibited bc it is considered to have evil or injuriousundesirable effect on publicand 3 penalty may be imposed when prohibition is violatedalso includes omission of act when there is legally imposed duty to do so range from fine to imprisonment3 categories of offences1Summary Conviction Offences tried only by provincialterritorial judge or JP no jurymax penalty of 5000 sentence of 6 months or bothless serious offences indecent act nude disturbance carrying weapon while in public fraud2Indictable offencesmore serious in nature more severe sentences ex life imprisonmentcan by tried by more than one court procedure depending on seriousness of offencecan be tried by judge and jury or just court alone can be tried by provincial judge SC judge alone or SC judge w juryaccusedperson whom has criminal charge laid have right to preliminary hearing where judge decides if there is sufficient evidence to put accused on trialhas formal document that sets out charges against accused3Hybrid or dual offencesat discretion of Crown offences that can be tried either by indictment or summaryTrue Crimes and Regulatory Offencestrue crimesoffences that represent serious breach of community and is considered wrong and deserving punishment ex murder sexual assault dangerous driving causing injurycontains offences in CC and Controlled Drugs and substances Act aka real crimesfederal statue may create a true crime ex income Tax Acttax evasionCrown must prove elements of offence beyond reasonable doubtregulatory offences offences arising under regulatory legislation fed prov mun deals w activities related w commerce trade everyday matters ex driving hunting bus careless driving ex Fisheries Act Motor Vehicle Safety Act Migratory Birds Convention Act Tobacco Actconsidered not to be serious in nature usually result in minor penaltyfocus on deterrence and punishments that involve moral fault to protection of public and societys interestis primary mechanism employed by gov to implement public policy objectivesessential for protection and effective functioning of societyCrown merely proves accused committed act prohibitedaccused must then prove heshe was not negligentquasicriminal lawmeans body of regulatory offences closely resembles criminal law but lacks two key characteristicsprohibition of act is inherently wrong and potential severity of sentences imposedCriminal Law as Form of Public Lawtwo law public law and private lawPublic lawconcerned w issues that affect interests of entire societyConstitutional Law deals w allocation of powers bw provincesterritories and levels of government as well as relationship bw state and individualsAdministrative law defines powers regulates activities of government agencies and Immigration Refugee Board etcCriminal Law part of public law bc act of crime is treated as wrong against society as a whole Crown prosecutes cases on behalf of citizenscriminal cases catalogued as Regina queen versus accusedPrivate lawregulation of relationships among individual membersincludes legal rulesprinciples that apply to property contracts torts injuries influenced on another or damage to ones properties duties of family members etcsettlement sought via civil suitThe Sources of Criminal Law in Canadaprimary source of law main sources of criminal lawsuch as legislation judicial decisions statutescase
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