Textbook Notes (368,720)
Canada (162,105)
LY205 (2)
Chapter 1

CHAPTER 1.doc

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Department
Law & Society
Course
LY205
Professor
Patricia O' Reilly
Semester
Fall

Description
Chapter 1 1. Definition of a crime • matter of critical significance • parliament can enact on criminal law ◦ jurisdiction is known as federal criminal law power • two major elements ◦ conduct that is prohibited because it is considered to have an evil or injurious or undesirable effect on the public” ◦ penalty that may be imposed when the prohibition is violated Indictable offence • serious in nature • “indictment” is the formal document that sets out the charges • tried by more than one court procedures • murder may be tried only by a superior court judge sitting with a jury • less serious- tried by provincial court judge w/o jury • examples: sexual assault with a weapon, robbery over $5000 Hybrid offence • an offence that may be prosecuted as an indictable or summary at discretion of crown • most offences in Canada are hybrid • very few tried by summary conviction • example: assault, fraud under $5000, theft under $5000 Distinction between true crimes and regulatory offences 2-4 • True offences ◦ represent a serious breach of community values and are considered to be both “wrong” and deserving of punishment ◦ contained in CCC ◦ serious offences contained in controlled drugs and substances act • Regulatory ◦ offence arising under regulatory legislation ▪ deals with the regulation of inherently legitimate activities ◦ connected with commerce, trade, and industry or with such everyday matters as driving ◦ generally, not considered to be serious in nature and usually result in the imposition of only a relatively minor penalty What are public law and private law concerned with? 4 • Public law ◦ constitutional ◦ administrative ◦ criminology ▪ issues that affect the interests of the entire society • Private law ◦ concerned with regulation of the relationships that exist among individual members of society ◦ legal rules and principles that apply to the ownership of ▪ property ▪ contracts ▪ torts Importance of Margarine Reference case 5 • additional factor is the requirement that the prohibition and penalty contained din the legislation are directed toward a “public evil” or some behaviour that is having an injurious effect upon Canadian public Substantive criminal law – what is it? 6 • legislation that defines the nature of various criminal offences (theft, murder) and specifies the various legal elements that must be present before a conviction can be entered against an accused person • refers to legislation that defines the nature and scope of various defences (provocation, duress, self defence) Criminal procedure –definition 6 • legislation that specifies the procedures to be followed in the prosecution of a criminal case and defines the nature and scope of the powers of criminal justice officials Understand what happened in the Chatterjee c
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