Criminal Law

Question 1

Criminal Law

Answer 1

• concerned with public wrongs
• defines what society regards as intolerable deviance

Question 2

Functions of Criminal Law

Answer 2

• deter deviant behavior
• express reprehensible behaviors
• maintain social order
• bring accountability
• rehabilitation

Question 3

Public Law

Answer 3

an area of law concerned with the public interest and that regulates collective interests

Question 4

3 Categories of Crime

Answer 4

1) Offences against persons

2) offences against property

3) offences deemed wrong in and of themselves

Question 5

Debates on Criminal Law Include:

Answer 5

• what constitutes a crime
• the appropriateness of (punitive) criminal law for behavior
• the effectiveness of criminal law
• negative social outcomes of particular laws
• debates on the operations of law (too lenient vs. too harsh; too intrusive vs. not intrusive enough, etc.)

Question 6

The Simultaneous Principle

Answer 6

crime requires the simultaneous coincidence of actus reus and mens rea

Question 7

Actus Reus

Answer 7

an evil (wrongful) act

Question 8

Mens Rea

Answer 8

an evil (wrongful) mind (intention)

Question 9

2 Methods for Assessing Mens Rea/Intent:

Answer 9

1) Objective intention

2) Subjective intention

Question 10

Section 21 of the Criminal Code:

Answer 10

mens rea concerning parties to an offense

Question 11

Exceptions to Mens Rea

Answer 11

• strict liability offenses
• absolute liability offenses
• culpable homicide
• criminal negligence

Question 12

Strict Liability Offenses

Answer 12

onus falls on the accused to prove they had no intent

Question 13

Absolute Liability Offenses

Answer 13

where intent is irrelevant

Question 14

Culpable Homicide

Answer 14

when someone either intentionally or unintentionally commits murder (manslaughter)

Question 15

Criminal Negligence

Answer 15

negligence showing disregard for the lives + safety of others

Question 16

Example of Mens Rea

Answer 16

• R. v. Cooper (1993)
• R. v. Hundal (1993)

Question 17

R. v. Cooper (1993)

Answer 17

• intention carries on
• mens rea does NOT need to persist through the entire act
• 2nd degree murder of his ex-wife while strongly intoxicated
• claims to have blacked out during strangling her

Question 18

R. v. Hundal (1993)

Answer 18

• objective standard of mens rea
• truck driver had an illegally heavy load in rainy conditions, ran a yellow light + killed another driver
• trial judge said that a REASONABLE driver would not be driving in such conditions

Question 19

Defenses to and Mitigations of Criminal Offenses

Answer 19

• capacity
• self-defense
• intoxication
• enticement by police
• forced to commit a crime
• mistake of fact
• acting under duress

Question 20

Self-Defense

Answer 20

section 34 of the criminal code

Question 21

R. v. Lavallee (1990)

Answer 21

• “Battered Women Syndrome”
• suffered domestic abuse from partner
• shot him in the head AFTER he abused her
• court deemed self-defense (threat still present)

Question 22

Daviault v. R. (1994)

Answer 22

• does voluntary intoxication to a point that resembles automatism, act as a defense for crimes with general intent
• chronic alcoholic, had consumed 8 beers + 40oz. of brandy
• went to visit a friend of his wife’s
• woke up with sexual assault accusations on him

Question 23

Three Levels of Intoxication (mild, advanced, extreme)

Answer 23

• at extreme level, actions are deemed involuntary
• reduce but does not eliminate liability

Question 24

Pappajohn v. R.

Answer 24

• mistake of fact
• change to notion of consent
• had his house for sale, met female real estate agent
• they went back to his house and had sex
• she claimed rape + was seen running out of the house with her hands tied

Question 25

R. v. Ewanchuk (1994)

Answer 25

- mistake of fact - continuation of act without continuation of consent - interview with a 17 yr. old girl in his trailer sexually assaulted her - gave her $100 to stay quiet - Alberta Courts turned down her case on the basis of “implied consent”

Question 26

R. v. Hutchinson (2014)

Answer 26

- mistake of fact - charged with aggravated sexual assault - intentionally sabotaging condoms to get the complainant pregnant (she didn't consent to unprotected sex)

Question 27

The Criminal Code of Canada

Answer 27

- defines criminal offences - established the kind + degree of punishment for certain offenses - outlines procedures for investigation and prosecution - outlines rules regarding helping/encouraging crimes - sets out some defenses

Question 28

Statutory Law-Based Crimes Outside of the Criminal Code

Answer 28

Firearms Act, Controlled Drugs, Substances Act, etc.

Question 29

Offences in the Criminal Code Include:

Answer 29

- offences against a person - offences against property - offences against the administration of law - sexual offences - terrorism offences - hate propaganda offences

Question 30

The Criminal Code Sets Out 3 Categories of Criminal Offences:

Answer 30

i) summary offences ii) indictable offences iii) hybrid offences

Question 31

Criminal Law & Sentencing Attempts to Accomplish a Range of Purposes:

Answer 31

- general deterrence - specific deterrence - societal denunciation - accountability - keeping society safe - rehabilitation

Question 32

Important Factors for Consideration

Answer 32

i) degree of premeditation ii) surrounding circumstances iii) gravity of the crime iv) attitude of the offender v) criminal record of the offender vi) age/personality of the offender vii) any mitigating circumstances viii) previously imposed sentences ix) mercy