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Criminal Law

Criminal Law. Crime: any act or omission that is prohibited and punishable by federal statute The act is considered wrong by society The act causes harm to society or those who need protection The harm must be serious

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Criminal Law

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  1. Criminal Law • Crime: anyact or omission thatisprohibited and punishable by federalstatute • The actisconsideredwrong by society • The act causes harm to society or thosewhoneed protection • The harm must beserious • The remedy must behandled by the criminal justice system

  2. Page 146 • Actus Reus…any voluntary action, omission • What did the father fail to do? • Mens Rea…the guilty mind…demonstrates that the act was intentional

  3. Intent vs Motive • General: the desire to commit a wrongful act with no ulterior motive or purpose • Specific: the desire to commit an act for the sake of accomplishing another.

  4. Motive: the reason a person commits a crime. This is different from Intent as Intent refers to the state of the persons mind and willingness to break the law. While motive is helpful in a case it is not one of the elements that the crown must prove

  5. Criminal Negligence (mens rea) • Every one is criminally negligent who… • In doing anything, or • In omitting to do anything that it is his duty to do, shows wanton or reckless disregard for the lives or safety of other persons • Ex: leaving a loaded gun in a house with small children

  6. Recklessness (mens rea) • Consciously taking an unjustified risk that a reasonable person would not take • Ex: Cannot find glasses and decide to drive without them.

  7. Wilful Blindness (mens rea) • A deliberate closing of one’s mind to the possible consequences of one’s actions. • Stolen property • Page 149 R. v. adey

  8. Involvement of a crime • Create a visual organizer for the people that could be involved. • Pages 152 to 154.

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