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Unit 3

Unit 3. Criminal Law – DAY 3. TEAM ACTIVITY- What is the Mens Rea?. CASE 1 Jane was shopping in downtown Toronto when two members of rival gangs started shooting at each other. Jane was accidentally killed in the crossfire CASE 2

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Unit 3

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  1. Unit 3 Criminal Law – DAY 3

  2. TEAM ACTIVITY- What is the Mens Rea? CASE 1 • Jane was shopping in downtown Toronto when two members of rival gangs started shooting at each other. Jane was accidentally killed in the crossfire CASE 2 • Bob comes up behind Karen and startles her. She has a stick in her hand which accidentally hits Bob in the eye, blinding him. CASE 3 • Sandra is bathing her toddler when the phone rings. Her child is propped up in a bathtub seat so she runs to answer the phone. Her child drowns while she’s answering the phone.

  3. TEAM ACTIVITY- What is the Mens Rea? CASE 4 • Lee is driving home one night after work and hits a child who ran out from her yard to get a ball. She is seriously injured. CASE 5 Jim plans to break into his neighbour’s house one night. He dress in black, grabs a flashlight, and break-in instruments. A neighbour sees Jim approach the house and calls the police. They arrive just before Jim breaks the window.

  4. Collaboration In-Class Assignment: • In your group, refer to pg. 4 of the Introduction to Criminal Law Handout • Using your knowledge of actus reus and mens rea, answer questions #1-7 and state whether you think the persons would be guilty of committing an offence. • NOTE – EXPLAIN YOUR ANSWERS!

  5. Who can be charged when a crime is committed? • PRINCIPAL OFFENDER • AIDER or ABETTOR • COUNSELLOR • ACCESSORY AFTER THE FACT

  6. Parties to an Offence • Principal Offender • Person who commits actus reus; has the most active role • Aiding • Supporting or encouraging the crime • Aider: not always present, the “look out”/getaway car, leaving door unlocked to permit entry, or physically assists • Abetting • Abettor: person is present helping or encouraging principal offender in commission of crime

  7. Parties to an Offence Counselling • Counsellor : advises principal offender on how to commit crime • Accessory After the Fact • You cannot aid an offender after he has committed a crime by providing food, shelter, money, transportation or refusing to help police or refusing to tell whereabouts of accused • EXCEPTION: Spouses (considered “one”) • NOTE: parents cannot help children • Punishment is reduced unless charge is murder

  8. *Parties to an offence Canadian Case: • November 26, 2011; Toronto, ON • Bystanders cheered as a verbal argument between victim, and 3 young women escalated • Victim suffered serious, but not life-threatening injuries. • A woman passing by came to the woman’s aid as the beating ended. • Video of attack received media attention after it was posted on the site World Star Hip Hop. Teen girl beaten - videotaped

  9. Reena Virk Case (1997) • Virk was a 14-year-old who was lured to a "party" near a bridge in B.C. • At the bridge, the teenagers drank alcohol and smoked marijuana. • One of the girls stubbed out a cigarette on Virk's forehead, which started the fight • Virk was swarmed and repeatedly hit, punched and kicked by 8 teenagers, 7 girls and 1 boy. • She had several cigarette burns on her skin, and attempts were made to set her hair on fire.

  10. Reena Virk Case continued • This first beating ended when one of the girls told the others to stop. • Virk managed to walk away, but was followed by two members of the original group, Ellard and Glowatski. • They dragged her to the other side of the bridge, made her remove her shoes and jacket, and beat her a second time. • Ellard forced Virk's head under the water and held it there with her foot until Virk stopped struggling. • Her body was found 8 days later • The coroner ruled the death was by drowning. • An autopsy revealed that Virk had multiple injuries including a broken back and fractured skull and that her head injuries were severe enough to have killed her if she had not been drowned.

  11. The Parties 3 girls were convicted of assault causing bodily harm 3 girls pleaded guilty to assault causing bodily hard Kelly Ellard Helped beat her and dragged her back for a second beating, smashed her head against a tree and knocked her out and held her head underwater Warren Glowatski Helped beat her, kicked her twice in the head and dragged her back for a second beating Nicole Cook Started the fight by taking a cigarette and stubbing it out on Reena’s face. Helped punch & kick her

  12. The Motive • Virk stole a phone book from Nicole Cook and started calling Cook's friends and spreading rumors about her. • Another girl, M.G.P, was allegedly angry with Virk for stealing her boyfriend. • Virk once lived with the two girls in a youth group home. It is suggested she may have done those things in order to assert herself as "tough."

  13. The Punishments • Six girls received sentences ranging from 60 days conditional to 1 year imprisonment • Warren Glowatski, who was 17 at the time, was convicted of second-degree murder and sentenced to life in prison with no chance of parole for 7 years. He was given full parole in June 2010. • Kelly Ellard, who was 15 at the time, stood trial three times & was convicted of second-degree murder and sentenced to life in prison with no chance of parole for at least seven years.

  14. Who can be charged for this crime? • In your group, refer to pg. 6 of the Introduction to Criminal Law Handout • Using your knowledge of parties to an offence, answer the 5 questions on the handout to indicate: • Who is the aider and abettor? • Who is the counsellor? • Who is an accessory after the fact? • Charges for Pete/Suzette’s involvement? • NOTE – EXPLAIN YOUR ANSWERS!

  15. Supreme Court of Canada Canada’s Criminal Court System Highest appeal court in Canada Ontario Court of Appeal Federal Court There is a chief justice, associate chief justice & 22 other judges Function: - does not conduct trials; it rules on the correctness of judgments of trials done in the Superior Court of Justice Usually 3 judges listen to each appeal consists of a Chief Justice and 32 other judges Deals with: Legal disputes in the federal domain Civil suits in federally-regulated areas Superior Court of Justice There is a chief justice, an associate chief justice and 265 other judges Deals with: Civil and serious criminal cases and all jury trials. Divisional Court (eg. school boards, police commissions) Family Court (eg. divorce, separation, child custody) Small Claims Court (under $25000) Trials Court (criminal trials by judge or judge and jury) Motions Court (eg. injunctions) Ontario Court of Justice There is a chief justice, an associate chief justice and 250 judges Deals with criminal and some family trials

  16. Supreme Court of Canada • Located in Ottawa • Is the highest court in Canada

  17. Justices of the Supreme Court of Canada • 9 Justices sit on • the SCC • 3 are from Quebec • Chief Justice is Beverly McLachlin

  18. The SCC Courtroom

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