CRIMINAL OFFENCES PULP FICTION

1. CRIMINAL OFFENCESPULP FICTION Kevin Sakai – HAYDEN SO – AARON ANG – KIRBY SO

2. CHARACTERS VINCENT MIA JULES BUTCH RINGO YOLANDA

3. OFFENCE: CRIMINAL NEGLIGENCE DRUG OVERDOSE SCENE

5. CRIMINAL NEGLIGENCE • 219. (1) Every one is criminally negligent who • (a) in doing anything, or • (b) 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. • (2) For the purposes of this section, “duty” means a duty imposed by law.

6. ACTUS REUS AND MENS REA ACTUS REuS MENS REA Feared that he would be arrested at the hospital Did not want his boss to know about it Brought her to the man that sold him the heroine Even after the drug dealer said that he had no experience or knowledge went through with the act • Failed to take Mia to hospital • Failed to provide her with safe and assured medical care • She survived through a stroke of luck

7. CASE PRECENDENCE R V. Serre • Marcel Serre was sentenced to 4 years • He broke into a man’s house to collect drug money • He was armed

8. OFFENCE: BREAK AND ENTER BUTCH STAKEOUT SCENE

10. BREAKING AND ENTERING • 348. (1) Every one who • (a) breaks and enters a place with intent to commit an indictable offence therein, • is guilty • (d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and • (2) For the purposes of proceedings under this section, evidence that an accused • (a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or • (3) For the purposes of this section and section 351, “place” means • (a) a dwelling-house;

11. ACTUS REUS AND MENS REA ACTUS REuS MENS REA Vincent entered with the intent to kill His partner unintentionally left a MAC-10 at the scene The silencer on the weapon was indicative of intent to kill • Vincent was armed • He entered dwelling without an invitation

12. CASE PRECENDENCE R V. Serre • Marcel Serre was sentenced to 4 years • He broke into a man’s house to collect drug money • He was armed

13. OFFENCE: ARMED ROBBERY RESTAURANT SCENE

15. ARMED ROBBERY • 343. Every one commits robbery who • (a) steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance to the stealing, uses violence or threats of violence to a person or property; • (b) steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person; • (d) steals from any person while armed with an offensive weapon or imitation thereof. • 344. (1) Every person who commits robbery is guilty of an indictable offence and liable • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of • (ii) in the case of a second or subsequent offence, seven years;

16. ACTUS REUS AND MENS REA ACTUS REuS MENS REA Had the intent to commit robbery Discussion revealed conspiracy to commit Had motive – money Both were experienced thieves • Brandished firearm in restaurant • Uttered death threats • Demanded property

17. CASE PRECENDENCE R V. CARVERY • Jermaine Carvery was sentenced to 25 years • He was a serious armed robber • He held up a Costco and 40 of its employees

18. OFFENCE: FIRST DEGREE MURDER BURGER SCENE

20. FIRST DEGREE MURDER • 231. (2) Murder is first degree murder when it is planned and deliberate. • (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another • (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections: • (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when • (a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or • (b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization. • (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

21. ACTUS REUS AND MENS REA ACTUS REuS MENS REA Intent to retrieve contraband and kill a former associate Working in alignment with criminal organization Members of the Los Angeles Mob Worked under orders of Marcellus Wallace (crime figure) • Entered man’s house through intimidation tactics • Shot man on Sofa • Shot man several times in chest and stomach • Shot third man in chest

22. CASE PRECENDENCE R V. Serre • Marcel Serre was sentenced to 4 years • He broke into a man’s house to collect drug money • He was armed

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