2. Introduction To Criminal Law – Chapter 5
• A Crime is a wrong against society
• Society is the Government (the Queen) – R v Jones (eg)
• Government acts for the benefit of society in general
• “To maintain order and protect society”
• Conviction of a crime results in a penalty
• jail – probation – fine, etc
• Crimes change as society changes – the law changes
• crime is a reflection of the morality of society
3. Causes of Crime
• Inherited?
• theory in 19th
century
• Physical appearance?
• Poverty
• lack of opportunity
• not care about effects
• Peer pressure
• group association
• Urbanization
• Education
4. Crime and Law
• Federal Offences
• Criminal Law (the Criminal Code)
• Theft, robbery, murder, sexual assault, etc
• Criminal procedure (rules of arrest, trials)
• Provincial Offences
• called “quasi-criminal”
• generally less serious than crimes (punishment is less)
• no criminal record
• Municipal Offences
• local regulation – by-laws
• parking, noise, littering, etc
5. What is a Crime?
• Must be against the Criminal Code
(must be against the law)
• Person must intend to commit the crime
(cannot be an accident)
• Person committing the crime must know that the act is wrong
• cannot be amoral
• moral – know the difference in right and wrong and do the
right
• immoral – know the difference between right and wrong
and do the wrong
• amoral – not know the difference between right and wrong
• infants – insane – severe drugs or alcohol
6. Elements of a Crime
• Physical
• Actus reus – the guilty act
• may be an act, or an omission (not acting)
• Mental
• Mens rea – the guilty mind
• mentally responsible if
• intention
• recklessness
• know the effect of their action but do it anyway
• knowledge of circumstances
7. • Strict Liability Offences
• an offence with no mens rea
• if a law is broken that protects public health, welfare or
safety
• eg speeding
• prosecution does not have to prove mens rea
• Attempted Offences
• a crime has been committed if there is an attempt to commit
•must commit an action directly related to the crime
• Conspiracy
• it is unlawful to make an agreement to commit a crime
• the offence does not have to be carried out
8. Who Has Committed the Crime?
• Principal Actor
• the person who commits the actus reus and had the mens rea
• Aider and Abettor
• person who intentionally helped the principal actor
• loan tools, be a driver to the crime (knowing it will be
committed), etc
• Counsellor
• person who gives advice to principal actor about the crime
• Accessory After the Fact
• anyone who helps after the crime is committed, without
having prior knowledge of the crime
Party
to the
crime
Receive
same
penalty
Not a party to
the crime –
different
penalty
