OFFENCES AGAINST THE PERSON

Part VIII of the Criminal Code

Violent Crimes
Offences against the Person and Reputation- Part VIII of

the Criminal Code

Violent in nature and cause harm to the human body Also: wilfully promoting hatred (offence against a persons

reputation)
Homicide, Assault, Sexual Assault, Other sexual offences,

abduction and robbery

2006 Homicide Statistics

605 Homicides

(USA: 17,000)

Rate per 100,000 is the key stat: Ontario has a rate of 1.5 Homicides by Accused-Victim relationships most common

Homicide
Killing of another human being- Culpable Homicide Culpable- a person causes the death of a person on

purpose (or reckless)

Non-culpable homicide is not an offence- results from a

complete accident- lacks intent- can include self-defence

Includes acting under military orders in times of war
Includes defending ones property

Murder
Intentional killing of a person Direct intent is not necessary for Murder to occur (set fire to a

house but someone was inside and they die)

1st degree Murder- Planned and Deliberate Planned- a scheme that has been thought out carefully Deliberate means the act is not impulsive The victim is a law enforcement agent The death occurs while another crime is being committed-

hijacking, sexual assaults, kidnapping and forcible confinement and hostage taking

2nd Degree Murder

All other types of murder are considered 2nd degree Minimum sentence for both are life in prison- its the

possibility of parole that is different- 1st Degree- 25 years, 2nd Degree- 10 years
Causation- cause of death

R. v. Nette page 220

Manslaughter
Causing the death of a person by means of an unlawful act It is not murder and only requires general intent Speeding and killing someone is not murder- unless you sped

up to actually hit someone

Murder charges often become convictions of manslaughter-

only if one of these two defences is used successfully:

1. Provocation: in the heat of passion caused by sudden

provocation 2. Intoxication: if someone failed to develop the specific intent

Assault
Three levels of assault- based on the severity and

corresponding penalties: Level One: Assault Level Two: Assault causing bodily harm Level Three: Aggravated Assault
All assaults have two common elements: the accused

must have intent to carry out the attack and cause harm and there must be no consent by victim

Level One Assault

Applying intentional force to someone Attempting or threatening, by an act or gesture to apply

force against someone

Approaching or blocking the way of another person Harmful words however are not assault Assault carries with it a maximum penalty of 5 years in

prison

Level Two Assault

Physical attack involving a weapon Bodily harm is required which requires medical attention Bodily harm is anything that interferes with the victims

health or comfort
Maximum penalty if 10 years imprisonment

Level Three Assault

An attack so severe that the physical injuries may

threaten the life of the victim.

Happens if a person wounds, maims or disfigures or

endangers the life of the victim

The mens rea needed is that there was only intent to

commit bodily harm

The maximum penalty is 14 years in prison

Sexual Assault
Specific form of assault that involves unwanted sexual

attention
Three level of sexual assault 1983 C- 127 changed the language is our sexual assault

laws
Very controversial area of the criminal code- changes are

often asked of this area of crime

Sexual Assault
Level one is similar to level one assault it involves intention

unwanted sexual attention

Could also involve the victims sexual integrity being violated

Can include minor physical injury to victim or no injuries at all

Max punishment of 10 years Example is a charge for molestation- non-consensual forced

sexual behaviour

Sexual Assault
Level two involves sexual assault with a weapon Can include an imitation of a weapon or threats or any

sexual behaviour that causes bodily harm

Max Punishment of 14 years Level Three is aggravated sexual assault. A sexual attack

so serious that the victims injuries may be life threatening- max penalty of life

Consent and Rape Shield

This is simple- there can be no implied consent- No

means No and Yes means Yesend of story

Rape Shield- Bill C-49- during a trial the complainant (the

person who has made the complaint about being sexually assaulted)cannot have their sexual history cross examined.
The defendant would often try and use the past sexual

behaviour of the complainant to discredit their testimony

Age of Consent
2008- 16 years old is the age of sexual consent Where this is a person of trust- (coach, doctor, teacher)

the age of consent is 18

The Criminal Code also defines close in age or peer

group exceptions: for example a 14-15 year old can consent to engage in sexual activity with another person who is less than two years older

2005- offence of sexual exploitation- the courts in this

case try and determine if a relationship is exploitative depending on various criteria

Robbery
Illegally taking someones property without permission Robbery must include theft involving violence or threat of

violence using a weapon

To prove this the victim has to show that they felt

threatened and that there were reasonable and probably grounds for fear
A finger has been found to be a weapon in robbery cases
Max punishment is life

Infanticide
Occurs when a mother, only a mother, kills her newborn child Three circumstances must be met for the crimes to be

infanticide:
a. b. c.

The accused has to be the natural mother of the victim The victim must be less than 12 months old; and At the time of the killing, the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth to the victim

Max punishment is 5 years imprisonment Created in 1948 due to the reluctance of juries to sentence

mothers for murder

Topics
Property Crimes Arson Theft Break and Enter Possession of Stolen Goods Fraud Other Crimes Terrorism Criminal Harassment Criminal Negligence mischief

Property Crimes - Introduction

Property Crimes to the 1800

Penalty of Death Historically most important function of the CC Shows the importance of property to owners Reflects society's position: demand extreme punishment for theft

Today: makes up 2/3 or Criminal Code Arson, Theft + and - $5000, motor vehicle theft, break

and enter, possession and fraud

Arson

Intentional or reckless causing of damage by fire or explosion to property. Whether or not the arsonist owns the property

Arson Continued

Max penalty life in prison (causing bodily harm) Max penalty 14 yrs (no danger to life) Max penalty 10 yrs (Arson with intent to defraud) Possession (explosive materials) for the purpose of arson illegal Setting off false fire alarms Hybrid offense (max. 2 yrs in prison

Theft
Number of elements
1. Must be fraudulent i.e: intend to do wrong 2. The person taking it cant have any color of right to it.
The person has a legal right to the item.

3. The accused must have an intent to deprive the owner of the item or convert it to his or her own use.
If the value is below $5000 hybrid offence max 2years If the value is above $5000 max 10 years.

Onus is on the crown to disprove the defendants reasoning as to why they are in possession of the stolen goods

Break and Enter

Burglary Break 1. To break any part (internal or external) 2. To open anything that is used or intended to be used to close or cover an opening Enter As soon as any part of their body or instrument used enters the premise

Break and Enter continued

When you illegally enter a residence by some other

means to commit an indictable offence

Separate offense being unlawfully in a dwelling-house

Other offenses possessing tools for: House breaking Vault-breaking No break-in need actually take place

Possession of Stolen Goods

It is an offense to: To possess anything that

he or she knows was obtained during the commission of an indictable offense

Own a car with a licence

plate whose serial numbers are removed or destroyed

Fraud
Making a false statement

to obtain credit or a loan

Using false pretences Fraudulent intent

OTHER CRIMES
Terrorism Criminal Harassment Criminal Negligence Mischief

Terrorism
Dynamic legislation in the

wake of September 11, 2001

Changes to the Criminal

Code
Signing of 14 UN

conventions related to terrorism

UN Anti-terrorism conventions
Most of these conventions and protocols are penal in nature with a common format. Typically the instruments:
1.

Define a particular type of terrorist violence as an offence under the convention, such as seizure of an aircraft in flight by threat or violence; Require State Parties to penalize that activity in their domestic law ;

2. 3.

Identify certain bases upon which the Parties responsible are required to establish jurisdiction over the defined offence, such as registration, territoriality or nationality;
Create an obligation on the State in which a suspect is found to establish jurisdiction over the convention offence and to refer the offence for prosecution if the Party does not extradite pursuant to other provisions of the convention. This last element is commonly known as the principle of " no safe haven for terrorists". It has been stressed by the Security Council in Resolution 1373 (pdf) of 28 September 2001, as an essential anti-terrorism obligation of Member States.

4.

Terrorism Act
Terrorist activity
Action that takes place either within or outside of Canada

that is an offence under one of the UN anti-terrorism convention and protocols

Action taken for political, religious or ideological purposes

and intimidates the public concerning its security

Action does not need to take place in Canada Can be enacted against a Canadian citizen or facility

Terrorism continued
Mostly in the form of hatred of particular group Courts Under the CCC can order the deletion of hate propaganda on the internet

Criminal Harassment
Described by the human rights

legislation as a course of vexations, comments or conduct that is known or ought reasonably to be known to be unwelcome
sexual harassment includes

comments and actions

Workplace

Harassment continued

Stalking added 1993

Prohibits anyone form repeatedly communicating with or following another person, member of that persons family, or anyone known to that person, where in all circumstances, they reasonably fear for their safety
Includes cyber-stalking

Criminal Negligence
defined as the failure to take reasonable care act is unintentional, unplanned and injury results criminal negligence is a legal term for a state of mind

which is careless, inattentive, neglectful, wilfully blind, or reckless

penalties can include: imprisonment, charges of homicide

and endangerment of a child...

Mischief
destroying or damaging someone elses property someone who commits mischief wilfully: destroys property renders property dangerous, useless or ineffective obstructs, interrupts, or interferes with the lawful use,

enjoyment or operation of property

indictable= dangerous to life (max= life) hybrid, summary= motivated by bias, prejudice, or hate

(10-18 years)

Mischief