Intro to Criminal Law
When is intermittent sentence used?
Prison sentence of less than 90 days.
Offender can serve time in intervals instead of all at once. E.g. evenings/weekends.
Given to people who are not violent, have steady employment, and whose families depend on their ability to continue working.
Anna really wants a new perfume but she doesn't have enough money. She goes into Sephora and steals the perfume.
1. Actus Reus Yes or No?
2. Mens Rea Yes or No? Why?
Actus Reus: Yes
2. Mens Rea: Yes; motive + intent
Kim is on trial for second degree murder.
At the _______ Kim pleads not guilty.
At the _______ the judge decides there is not enough evidence to go to trial.
Arraignment
Preliminary Hearing
Alison stabs her abusive husband to death because he had threatened to kill her the week before. What defence could she use?
Battered Spousal Syndrome
Explain all elements of proof of burden
proof of burden; crown prosecution's responsibility to prove guild beyond a reasonable doubt
Use an example to explain the difference between "aiding", "abetting", and "accessory after the fact"
Aiding: Criminal offense of helping a perpetrator commit a crime
Abetting: Criminal offense – encouraging a perpetrator to commit a crime
Accessory After the Fact: Criminal offense – knowingly receiving, comforting, or assisting a perpetrator escape from police
Maria is a pharmacist. She is responsible for dispensing prescription medications to customers. Over the course of several months, she fails to properly review and verify prescriptions, leading to the dispensing of incorrect medications to multiple patients. As a result, several patients suffered adverse reactions, including one individual who experienced a life-threatening allergic reaction due to receiving the wrong medication.
1. Actus Reus Yes or No?
2. Mens Rea Yes or No? Why?
Actus Reus: The Actus Reus in this case is her giving the wrong medication
Mens Rea: Criminal Negligence; reckless disregard for the lives and safety of others which could lead to serious injury or death
Danny and Sam get into a heated argument. Danny pushes Sam which causes him to lose his balance and fall to the ground. Enraged, Sam gets up, grab a knife from the bar and stabs Danny. Danny dies as a result of the stab wound. Why would Danny not be allowed to use self-defence as a defence?
Used more force to repel the attack
Matt is 15 and lives in a rough neighbourhood. He brutally murders a law abiding father of three as initiation into a gang. He knows if he doesn't join the gang, they will kill him.
What can he be charged with, what can his defence be and what factors should be considered when sentencing him?
Charged with: 1st degree murder
Defence: none
Factors: first time, youth offender (YCJA), felt like he had no choice?
Give me an example that shows the two types of intent under mens rea?
General Intent: the desire to commit a wrongful act, with no other purpose. Example: hitting someone out of anger
Specific Intent = the desire to commit one wrongful act, in order to accomplish another. Example: hitting someone in order to rob them
Name four people who could be "parties to a crime"
Aiding: Criminal offense of helping a perpetrator commit a crime
Abetting: Criminal offense – encouraging a perpetrator to commit a crime
Counselling: Criminal offense – advising, recommending, persuading another person to commit a crime
Accessory after the fact: Criminal offense – knowingly receiving, comforting, or assisting a perpetrator escape from police
Emily Thompson, a high-ranking executive at a pharmaceutical company, was aware of reports suggesting that one of their products might be causing adverse side effects in patients. Despite receiving numerous complaints and warnings from medical professionals about the potential risks associated with the drug, Thompson chose to ignore these concerns and continued to market and sell the product without further investigation. Subsequently, it was discovered that the drug was indeed causing severe harm to patients, leading to a series of lawsuits against the company.
1. Actus Reus Yes or No?
2. Mens Rea Yes or No? Why?
Actus Reus: Yes
Mens Rea: Yes: wilful blindness; Deliberately closing of one’s mind to possible consequences
Max is on trial for robbery (using force). The Crown calls the store manager as a witness. On the stand, the store manager says "My employee Marco told me he saw the defendant with a gun in the store".
If you are Max's lawyer, would you object and if so, for what reason?
Hearsay: Asking for information that is repeated by a third party. Not coming from the direct experience or knowledge of a witness (e.g. repeating something he or she heard someone else say)
Describe the difference between self-defence, duress, and Battered Spousal Syndrome. Give a definition and explain when it can be used.
Self-defence: Using reasonable force to defend against an attack. Must reasonably expect serious harm from the attack. Must ONLY use enough force to repel the attack
Duress: Forced by threat of violence to commit an criminal act against your will. Cannot be used for violent crimes. Threatener must be present @ crime. Threat must be “immediate”, about to be carried out
Battered Spousal Syndrome:Woman or men in an abusive relationship responds violently. Must be a long-term history of abuse & reasonable fear of being killed by abuser
What are the principles of the Youth Criminal Justice Act?
Prevent crime by addressing the circumstances underlying a young person’s behaviour
Rehabilitate and reintegrate young people who commit offences into society
Ensure that a young person is subject to meaningful consequences for his or her offence
What are summary conviction offences, the penalties, and give one example
Less serious offences. The maximum penalty is 6 months and/or up to $2000 fine. Examples: Theft under $2000, Vandalism, and Public Nudity
Mr.Davis, a nightclub owner, hosted a large event at his venue without implementing adequate security measures. Despite knowing the potential for violence and disturbances at such events, Davis failed to hire sufficient security personnel or implement proper crowd control measures. During the event, a fight broke out among patrons, resulting in multiple injuries and property damage.
1. Actus Reus Yes or No?
2. Mens Rea Yes or No? Why?
Actus Reus: Yes
Mens Rea: Yes, recklessness: taking and unjustifiable risk that a reasonable person would not take
Use an example to explain the difference between Direct Evidence, Circumstantial Evidence, and Character Evidence
Direct Evidence: Is the testimony given by a witness to prove an alleged fact, usually an eyewitness account of a crime
Circumstantial Evidence: Indirect evidence that leads to a reasonable inference of the defendant’s guilt
Character Evidence: Evidence used to establish the likelihood that the defendant is the type of person who either would or would not commit a certain offence
The police are sure Dan is guilty but cannot find any evidence. They decide to get Dan to take a polygraph test. Dan fails the test. Because of this, the police go into his car. They access the car with a warrant. In the car, they find the murder weapon with Dan and the victim's blood on it. They use this weapon to charge Dan and charge him with 1st degree murder.
If you are his defence lawyer, what would you do?
1. Challenge the Polygraph Results: Supreme Court has ruled that polygraphs are not entirely reliable (not to be used in court as evidence). Police still use them as an investigative tool.
2. Get the weapon tossed because the only reason they got a warrant was because of an unreliable test result not other evidence
John Smith, a man with no prior criminal record, was caught transporting a large quantity of illegal drugs across state borders. During his trial, it was revealed that Smith had rented a van from an acquaintance, knowing it was often used for illegal activities. He was stopped by law enforcement officers for a routine traffic violation, and upon inspection of the vehicle, the drugs were discovered hidden in the cargo area.
What specific component of mens rea does this relate to?
What could his defence be?
What specific component of mens rea does this relate to? Wilful Blindness
What could his defence be? Mistake of Law or Fact
What are the three examples of mens rea + give an example of each
Criminal Negligence: Reckless disregard for the lives and safety of others which could lead to serious injury or death
Recklessness: Taking and unjustifiable risk that a reasonable person would not take
Wilful Blindness: Deliberately closing of one’s mind to possible consequences
Jack, Sam, Aiden, and Luca go to the same school. Jack's girlfriend recently broke up with him. She is now dating Sam. Jack hears about this and decides to teach Sam a lesson. Jack asks his friends to help him. His friend, Aiden lures Sam into an empty classroom after school. Aiden locks the door so Sam cannot leave. In the room, Jack yells and hits Sam. He takes a knife out and stabs Sam which causes Sam to die. Jack didn't mean to kill Sam. Panicked, Jack and Aiden run to Luca's house to hide.
What can each person be charged with and why?
Jack: first degree murder
Aiden: Aiding + first degree murder
Luca: Accessory after the fact
List the 2 types of questions and 2 types of statements used during criminal trials. Explain if they are ever allowed in court and if so under what circumstances.
Leading Question: suggests to the witness a particular answer. Not permitted during direct examination but allowed during cross-examination.
Irrelevant Questions: questions that have no connection with the matter at hand. Yes if they can establish a connection
Hearsay Statements: asking for information that is repeated by a third party. Not permitted
Opinion Statements: An opinion given by a witness. Permitted but a witness cannot be asked to give an opinion about a matter that goes beyond common knowledge, unless the witness is a recognized expert in a field.
List the 10 defences we've learnt in class and explain when each can be used.
1. Mental Disorder: Must prove the accused unable to understand what they are doing OR Unable to know their act or omission was wrong
2. Automatism: Condition in which a person acts without being aware of what they are doing
3. Intoxication: Overpowered by alcohol or drugs to the point of losing self-control
4. Self-Defence: Using reasonable force to defend against an attack. Must reasonably expect serious harm from the attack. Must ONLY use enough force to repel the attack
5. Battered Spousal Syndrome: Someone in abusive relationship responds violently. Must be a long-term history of abuse & reasonable fear of being killed by abuser
6. Necessity: Accused had no reasonable alternative to committing an illegal act
7. Compulsion or Duress: Forced by threat of violence to commit an criminal act against your will. Threatener must be present @ crime. Threat must be “immediate”, about to be carried out
8. Provocation: Words or actions that are insulting enough to cause an ordinary person to lose self-control
9. Mistake of Law or Fact: Ignorance of the law
10: Entrapment: The police “induce” someone to commit an illegal act
What are the three examples of mens rea + give an example of each
Criminal Negligence: Reckless disregard for the lives and safety of others which could lead to serious injury or death
Recklessness: Taking and unjustifiable risk that a reasonable person would not take
Wilful Blindness: Deliberately closing of one’s mind to possible consequences