Chapter 4 Criminal Law Criminal Law offences against
- Slides: 7
Chapter 4
Criminal Law • Criminal Law – offences against society • Civil Law – offences against individuals (person to person) • Penalties help deter people from committing crimes • Guidelines for an action to be subject to Criminal Law : • Harm other people • Violate basic values of society • The law can help resolve the problem
Types of Criminal Offences • Quasi – Criminal Law (not Criminal) (Bylaw officers, traffic violations) • Summary Conviction offences • Minor offences • Dealt with quickly (max. 6 months jail, $2000 fine) • Indictable offences • Serious crimes with serious penalties • Hybrid offences • The judge has the choice to make it summary or indictable depending on defendants history, severity of offence, etc.
Requirements of a Criminal Offence • Actus Reus • A wrongful deed • Mens Rea • A guilty mind • Intent or knowledge or recklessness • Intent or Knowledge • General Intent – to preform the one action • Specific Intent – has further criminal purposes in mind • Knowledge of certain facts that a reasonable person would know (using bad credit card) • Recklessness • Careless disregard for possible results of an action
• Offences without Mens Rea • Minor offences (ex. Speeding, short weighting food, etc. • Motive • A reason for someone to commit a crime; a person can have a motive without committing any crime
Criminal Acts • Attempt • Intends to commit a crime • Attempt begins when the person takes the first step toward committing the crime • Conspiracy • Agreement between 2 or more people to commit a crime or do something illegal • Aiding • Helping someone commit a crime • Abetting • Encouraging someone to commit a crime • Accessory after the fact • Someone helping a criminal escape detention or capture in any way
Criminal Procedures • Quasi-criminal offences • Not guilty requires a court appearance, paying fine and signing ticket is sufficient of guilty plea • Summary offences (minor indictable) • Must be charged with in 6 months • Indictable offences • No time limit • Serious crimes, the accused chooses the trial procedure (jury/judge or higher court)
