The document discusses various criminal offences in Canada, including violent crimes, offences against the person, and motor vehicle offences. It explains the classification of offences as summary, indictable or hybrid and the different levels of offences like assault. Specific offences covered include homicide (with definitions of murder and manslaughter), sexual assault, dangerous operation of a motor vehicle, hit and run accidents, and impaired driving. Maximum penalties for each offence are provided.
The document outlines various criminal offences in Canada, including their elements and classifications. It discusses violent offences like homicide, murder, manslaughter, and assault. It also covers sexual assault and identifies three levels based on severity of the crime. Motor vehicle offences in the Criminal Code like dangerous operation and hit-and-run are explained. Impaired driving laws and penalties for exceeding blood alcohol limits while operating a vehicle are also summarized.
The document summarizes key aspects of criminal law tested on a law school exam, including the three types of homicide (murder, manslaughter, infanticide), what qualifies murder as first or second degree, the differences in penalties between those charges, and conditions for an infanticide charge. It also outlines the definitions and penalties for assault, sexual assault, impaired driving offenses, break and enter, fraud, and money laundering charges.
This article criticizes a court decision that applied the "Bertuzzi standard" in a case involving the assault of a minor hockey player. The Bertuzzi standard suggests assaults that occur on the ice during a game should not be considered genuine assaults. The article argues applying this standard to minor hockey is absurd and sends the message that people do not deserve to feel safe on the ice. It concludes stronger sentences are needed to deter violence in hockey at all levels.
The criminal law in Canada has several sources and types of offences. The main source is the Criminal Code of Canada, which describes offenses and punishments. There are also other federal and provincial/municipal laws. Offenses are either summary conviction (minor crimes with less severe penalties) or indictable (more serious crimes with more severe penalties, including life imprisonment). To obtain a conviction, the Crown must prove beyond a reasonable doubt that the accused committed the prohibited act (actus reus) with the required mental state (mens rea), such as intent, knowledge, or recklessness. Some offenses use a subjective standard requiring proof of what was in the accused's mind, while others use an objective standard based on what
This document summarizes criminal offenses against persons, including definitions, elements, and statutes regarding assault, battery, stalking, hazing, reckless endangerment, rape, and sexual battery. It discusses the evolution of laws from common law to modern statutes. For example, it notes that all states now define stalking as a crime and that legislative reforms have expanded definitions of rape to be gender-neutral and include other forms of nonconsensual penetration.
This document discusses crimes against persons under Philippine law. It defines and distinguishes between different crimes such as parricide, murder, homicide, infanticide, abortion, physical injuries, rape, and recent laws passed to address sexual harassment and child abuse. For crimes resulting in death, the key differences are intent to kill and the relationship between the victim and offender. For non-fatal crimes, the document outlines how the level of injury (slight, less serious, serious) determines the applicable crime. It provides elements and other details to distinguish between similar crimes like rape, statutory rape, and seduction.
The document outlines the goals and objectives of a course on crimes against persons, including defining different types of homicide, assault, battery, and other crimes such as harassment, stalking, and domestic violence. It provides an overview of the relevant New Mexico statutes and case law for these various crimes against persons. The course aims to help students understand the elements and differences between these crimes.
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
The document outlines various criminal offences in Canada, including their elements and classifications. It discusses violent offences like homicide, murder, manslaughter, and assault. It also covers sexual assault and identifies three levels based on severity of the crime. Motor vehicle offences in the Criminal Code like dangerous operation and hit-and-run are explained. Impaired driving laws and penalties for exceeding blood alcohol limits while operating a vehicle are also summarized.
The document summarizes key aspects of criminal law tested on a law school exam, including the three types of homicide (murder, manslaughter, infanticide), what qualifies murder as first or second degree, the differences in penalties between those charges, and conditions for an infanticide charge. It also outlines the definitions and penalties for assault, sexual assault, impaired driving offenses, break and enter, fraud, and money laundering charges.
This article criticizes a court decision that applied the "Bertuzzi standard" in a case involving the assault of a minor hockey player. The Bertuzzi standard suggests assaults that occur on the ice during a game should not be considered genuine assaults. The article argues applying this standard to minor hockey is absurd and sends the message that people do not deserve to feel safe on the ice. It concludes stronger sentences are needed to deter violence in hockey at all levels.
The criminal law in Canada has several sources and types of offences. The main source is the Criminal Code of Canada, which describes offenses and punishments. There are also other federal and provincial/municipal laws. Offenses are either summary conviction (minor crimes with less severe penalties) or indictable (more serious crimes with more severe penalties, including life imprisonment). To obtain a conviction, the Crown must prove beyond a reasonable doubt that the accused committed the prohibited act (actus reus) with the required mental state (mens rea), such as intent, knowledge, or recklessness. Some offenses use a subjective standard requiring proof of what was in the accused's mind, while others use an objective standard based on what
This document summarizes criminal offenses against persons, including definitions, elements, and statutes regarding assault, battery, stalking, hazing, reckless endangerment, rape, and sexual battery. It discusses the evolution of laws from common law to modern statutes. For example, it notes that all states now define stalking as a crime and that legislative reforms have expanded definitions of rape to be gender-neutral and include other forms of nonconsensual penetration.
This document discusses crimes against persons under Philippine law. It defines and distinguishes between different crimes such as parricide, murder, homicide, infanticide, abortion, physical injuries, rape, and recent laws passed to address sexual harassment and child abuse. For crimes resulting in death, the key differences are intent to kill and the relationship between the victim and offender. For non-fatal crimes, the document outlines how the level of injury (slight, less serious, serious) determines the applicable crime. It provides elements and other details to distinguish between similar crimes like rape, statutory rape, and seduction.
The document outlines the goals and objectives of a course on crimes against persons, including defining different types of homicide, assault, battery, and other crimes such as harassment, stalking, and domestic violence. It provides an overview of the relevant New Mexico statutes and case law for these various crimes against persons. The course aims to help students understand the elements and differences between these crimes.
This 3-page document contains definitions and examples of offences and defenses in English Common Law and applies to Commonwealth countries like the UK, NZ and Australia. Useful for beginner Law and Forensic Psychology students.
This chapter discusses common law and modern statutory definitions of criminal homicide offenses in Tennessee. At common law, murder required an unlawful killing with malice aforethought, while manslaughter involved an unlawful killing without malice. Modern statutes in Tennessee classify homicide into degrees of murder, voluntary/involuntary manslaughter, vehicular homicide, reckless homicide, and criminally negligent homicide, with varying penalties. The chapter also examines legal issues regarding suicide, abortion, removal of life support, and acts resulting in fetal death.
The document provides an overview of criminal law and different types of crimes. It defines crime and discusses the sources and limitations of criminal law. It also examines the elements of criminal offenses like actus reus and mens rea. Finally, it categorizes different types of crimes such as crimes against persons, property, public order, and morality. Specific crimes discussed include homicide, assault, sexual offenses, burglary, arson, theft, and forgery.
This document provides a summary of a lecture on fatal offences, including murder and manslaughter. It recaps the elements of a crime as actus reus (guilty act) and mens rea (guilty mind). It then defines fatal offences as those involving killing the victim, specifically murder and manslaughter. Murder requires an unlawful killing with malice aforethought, defined as intention to kill or cause grievous bodily harm. Manslaughter is unlawful killing without malice aforethought. Voluntary manslaughter is a partial defense to murder where there is provocation or diminished responsibility. Involuntary manslaughter involves death caused without intent.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
The document discusses the nature and elements of crime under criminal law. It defines crime as an act punishable by the state that is committed against society. The two main elements of most crimes are mens rea, the mental state or intent, and actus reus, the criminal act itself. It provides examples of different categories of crimes like homicide, assault, and economic offenses. It also discusses parties to a crime and factors that can influence criminal behavior.
The document outlines various criminal offenses under criminal law, including homicide (murder, manslaughter, justifiable homicide), assault and battery, rape, conspiracy, burglary, larceny, embezzlement, false pretenses, robbery, extortion, arson, solicitation, and aiding and abetting. It defines each crime and provides brief descriptions of elements that must be present to constitute each offense.
Notes on capital punishment content package (2013)pepperleejy
The document discusses various arguments for and against capital punishment. It provides statistics on the global trend towards abolition of the death penalty, with the number of retentionist countries declining from 16 in 1977 to 21 in 2011. It also examines arguments related to retribution, deterrence, the possibility of executing innocent people, and the distinction between retribution and revenge. Concerns about wrongful convictions due to factors like ineffective legal defense, coerced confessions, unreliable eyewitnesses, and lack of forensic evidence are presented.
The document discusses criminal and civil law, types of offenses, and reasons for punishment. It explains that criminal law involves offenses against society, like theft, assault, and murder. Civil law deals with private disputes over contracts, money, and divorce. The document also lists different types of punishment and their aims, such as rehabilitation, deterrence, reparation, and protection of the public.
This document discusses the legal definition and elements of involuntary manslaughter in criminal law. It can be committed through unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. Unlawful act manslaughter involves an unlawful and dangerous act that causes death, even if the defendant did not intend to kill or harm. Gross negligence manslaughter involves a breach of duty of care that causes death and amounts to gross negligence. The sentence for involuntary manslaughter can range from life imprisonment to a non-custodial sentence depending on the judge's decision.
Taster day power point presentation on iv manslaughter 2nd july 2015huddlaw
This document discusses different types of manslaughter in criminal law. It covers involuntary manslaughter, which includes constructive manslaughter, gross negligence manslaughter, and Cunningham reckless manslaughter. Constructive manslaughter involves unlawfully killing someone while committing a dangerous unlawful act. Gross negligence manslaughter involves breaching a duty of care in a grossly negligent way that causes someone's death. The document provides details on the actus reus and mens rea for different types of involuntary manslaughter and analyzes various legal cases related to establishing liability.
Here are three key points to consider in your essay:
1. The criminal justice system aims to balance protecting society, punishing offenders, and supporting victims. However, these aims can sometimes conflict with each other.
2. The rights of victims include seeking justice and compensation/support. However, punishing offenders too severely could infringe on their rights. Rehabilitation aims to reduce reoffending while also protecting society.
3. Society has a right to feel safe and secure. However, over-punishing may undermine this if it breeds further social problems rather than preventing crime. There are also costs to taxpayers to consider.
Some other factors to discuss could include the role of deterrence, proportionality of sentences,
This document discusses the legal definition and elements of involuntary manslaughter in the UK. It is defined as an unlawful killing without intent, distinguished from murder by the lack of intent. The sentence can range from life imprisonment to a non-custodial sentence depending on the judge's view of the case. There are three main ways involuntary manslaughter can occur: unlawful act manslaughter, gross negligence manslaughter, and reckless manslaughter. Unlawful act manslaughter, also called constructive manslaughter, involves doing a dangerous unlawful act that results in death, even if unintended. The unlawful act must be an objective danger and directly cause the death. Case law examples explore what constitutes a dangerous unlawful act and how proximate the causation must be.
The document discusses three homicide schemes - common law, Pennsylvania, and the Model Penal Code. It provides definitions and examples of first-degree murder, second-degree murder, manslaughter, and related terms. It also summarizes two court cases - State v. Guthrie and the differing definitions of "deliberate and premeditated" from Schrader and Morrin. The last section discusses aggravating and mitigating circumstances in determining sentencing for first-degree murder under Arizona law.
This document provides guidance to criminal defense attorneys on avoiding ineffective assistance of counsel claims related to immigration consequences. It discusses key immigration concepts like inadmissibility, deportability, crimes involving moral turpitude, aggravated felonies and mandatory detention. It also covers post-conviction relief strategies and potential ineffective assistance of counsel claims criminal defense attorneys should be aware of regardless of Padilla v. Kentucky.
Chart - Immigration Effect of Selected California Firearm OffensesUmesh Heendeniya
This document from the Immigrant Legal Resource Center provides guidance on defending immigrants charged with firearms offenses. It discusses priorities for different types of immigrants, such as permanent residents and refugees. It also outlines pleas that can avoid immigration consequences, including pleas to possession of ammunition, antique firearms, simple assault, and battery with minimal injury. The document stresses avoiding pleas where the record of conviction identifies involvement of a firearm, as this could lead to immigration penalties. It provides this guidance as firearms convictions often render immigrants deportable or ineligible for immigration relief.
This document provides notes from a lecture on criminal law jurisprudence. It covers topics such as rape, theft, homicide, estafa, arson and other crimes. Key points include how rape is now a crime against persons, the stages of execution for different crimes, and discussions of qualifying circumstances, exceptional circumstances and the doctrine of absorption as they relate to criminal liability under Philippine law.
The purposes of sentencing in the UK criminal justice system are:
(1) Punishment of offenders, (2) Reduction of crime through deterrence, (3) Reform and rehabilitation of offenders, (4) Protection of the public, and (5) Making reparation by offenders to victims. Specific and general deterrence aim to deter individuals and the general public from committing crimes through fear of punishment. Other aims include incapacitation of offenders, retribution that sees offenders receive their "just deserts", and denunciation of criminal behavior by society.
Examination of observable and stated actions relative to reason and lawful allowances. Logical discernment to reveal intent and criminality according to actions.
What Is HomicideHomicide is the killing of another human being..docxphilipnelson29183
What Is Homicide?
Homicide is the killing of another human being. The definition of homicide includes intentional killings, such as murder, and non-intentional killings, such as manslaughter. Homicides, especially culpable homicides, are violent felonies and carry very severe punishments.
The two most common types of homicide:
· Murder
· Manslaughter
Other types of homicide include:
· Deaths from Shaken Baby Syndrome
· Serial Killing
· Assisted Suicide
What Are the Differences between the Types of Homicides?
The exact distinctions between the types of homicide will vary from state to state. In general though, there are two classes of homicide, murder and manslaughter, with two different degrees for each.
Murder:
1. First-degree murder is the intentional, malicious, premeditated, and deliberate killing of another. Murder committed during an inherently dangerous felony is also considered first-degree murder.
2. Second-degree murder is killing of another with the intent to cause death but without premeditation or deliberation. Second-degree murder covers “accidental” killings where someone other than the intended target is killed. Second-degree murder is often a catch-all for murders which cannot be classified as manslaughter.
Manslaughter:
1. Voluntary manslaughter is killing as a result of “passion” or where an individual was “provoked.” Note that “passion” doesn’t mean anger, but any extreme emotion that suspends a person’s judgment. “Provoked” means the defendant is often confronted physically and responds by into committing the murder. Note that the provocation must be adequate enough that a reasonable person of sound mind would likely respond in a similar way. Provocation also includes an imperfect self-defense, where the killer uses more force than necessary or initiates the attack.
2. Involuntary manslaughter is the killing of another person not through intentional actions, but through reckless or negligent conduct. Vehicular manslaughter was once a significant portion of involuntary manslaughter and may still be in some states. However, many states have chosen to have vehicular manslaughter as a third type of manslaughter rather than group it with other forms of involuntary manslaughter.
What Are the Consequences of a Homicide Conviction?
There are severe consequences the come from a murder conviction:
· Capital Punishment (for first-degree murder only)
· Imprisonment
· Loss of the right to possess deadly weapons
· Inability to get occupational licenses
· Subject to civil suit for wrongful death
Likelihood of any of the above consequences depends on the following factors:
· Mitigating/aggravating circumstances (with regard to death penalty cases)
· Prior Convictions
· Currently on probation or parole
· Degree of media attention on the case
· Type of weapon used
Family Members of Homicide Victims
If you are a family member of a homicide victim and a case is currently being investigated or prosecuted, you should consider speaking with an .
How to Distinguish Between Voluntary & Involuntary Manslaughter in Brampton.pptxHarpreetSaini48
Voluntary manslaughter involves intentionally killing another person, but doing so in the heat of passion due to adequate provocation. It is considered less culpable than murder. Involuntary manslaughter refers to accidentally killing someone through negligence or recklessness without intent. The punishment for voluntary manslaughter can include jail time up to 30 years and fines, while involuntary manslaughter penalties range from 2-5 years in prison and fines up to $100,000 Canadian dollars. Defenses for voluntary manslaughter include self-defense, proving innocence, or establishing lack of sanity at the time of the crime.
This chapter discusses common law and modern statutory definitions of criminal homicide offenses in Tennessee. At common law, murder required an unlawful killing with malice aforethought, while manslaughter involved an unlawful killing without malice. Modern statutes in Tennessee classify homicide into degrees of murder, voluntary/involuntary manslaughter, vehicular homicide, reckless homicide, and criminally negligent homicide, with varying penalties. The chapter also examines legal issues regarding suicide, abortion, removal of life support, and acts resulting in fetal death.
The document provides an overview of criminal law and different types of crimes. It defines crime and discusses the sources and limitations of criminal law. It also examines the elements of criminal offenses like actus reus and mens rea. Finally, it categorizes different types of crimes such as crimes against persons, property, public order, and morality. Specific crimes discussed include homicide, assault, sexual offenses, burglary, arson, theft, and forgery.
This document provides a summary of a lecture on fatal offences, including murder and manslaughter. It recaps the elements of a crime as actus reus (guilty act) and mens rea (guilty mind). It then defines fatal offences as those involving killing the victim, specifically murder and manslaughter. Murder requires an unlawful killing with malice aforethought, defined as intention to kill or cause grievous bodily harm. Manslaughter is unlawful killing without malice aforethought. Voluntary manslaughter is a partial defense to murder where there is provocation or diminished responsibility. Involuntary manslaughter involves death caused without intent.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
The document discusses the nature and elements of crime under criminal law. It defines crime as an act punishable by the state that is committed against society. The two main elements of most crimes are mens rea, the mental state or intent, and actus reus, the criminal act itself. It provides examples of different categories of crimes like homicide, assault, and economic offenses. It also discusses parties to a crime and factors that can influence criminal behavior.
The document outlines various criminal offenses under criminal law, including homicide (murder, manslaughter, justifiable homicide), assault and battery, rape, conspiracy, burglary, larceny, embezzlement, false pretenses, robbery, extortion, arson, solicitation, and aiding and abetting. It defines each crime and provides brief descriptions of elements that must be present to constitute each offense.
Notes on capital punishment content package (2013)pepperleejy
The document discusses various arguments for and against capital punishment. It provides statistics on the global trend towards abolition of the death penalty, with the number of retentionist countries declining from 16 in 1977 to 21 in 2011. It also examines arguments related to retribution, deterrence, the possibility of executing innocent people, and the distinction between retribution and revenge. Concerns about wrongful convictions due to factors like ineffective legal defense, coerced confessions, unreliable eyewitnesses, and lack of forensic evidence are presented.
The document discusses criminal and civil law, types of offenses, and reasons for punishment. It explains that criminal law involves offenses against society, like theft, assault, and murder. Civil law deals with private disputes over contracts, money, and divorce. The document also lists different types of punishment and their aims, such as rehabilitation, deterrence, reparation, and protection of the public.
This document discusses the legal definition and elements of involuntary manslaughter in criminal law. It can be committed through unlawful act manslaughter, gross negligence manslaughter, or reckless manslaughter. Unlawful act manslaughter involves an unlawful and dangerous act that causes death, even if the defendant did not intend to kill or harm. Gross negligence manslaughter involves a breach of duty of care that causes death and amounts to gross negligence. The sentence for involuntary manslaughter can range from life imprisonment to a non-custodial sentence depending on the judge's decision.
Taster day power point presentation on iv manslaughter 2nd july 2015huddlaw
This document discusses different types of manslaughter in criminal law. It covers involuntary manslaughter, which includes constructive manslaughter, gross negligence manslaughter, and Cunningham reckless manslaughter. Constructive manslaughter involves unlawfully killing someone while committing a dangerous unlawful act. Gross negligence manslaughter involves breaching a duty of care in a grossly negligent way that causes someone's death. The document provides details on the actus reus and mens rea for different types of involuntary manslaughter and analyzes various legal cases related to establishing liability.
Here are three key points to consider in your essay:
1. The criminal justice system aims to balance protecting society, punishing offenders, and supporting victims. However, these aims can sometimes conflict with each other.
2. The rights of victims include seeking justice and compensation/support. However, punishing offenders too severely could infringe on their rights. Rehabilitation aims to reduce reoffending while also protecting society.
3. Society has a right to feel safe and secure. However, over-punishing may undermine this if it breeds further social problems rather than preventing crime. There are also costs to taxpayers to consider.
Some other factors to discuss could include the role of deterrence, proportionality of sentences,
This document discusses the legal definition and elements of involuntary manslaughter in the UK. It is defined as an unlawful killing without intent, distinguished from murder by the lack of intent. The sentence can range from life imprisonment to a non-custodial sentence depending on the judge's view of the case. There are three main ways involuntary manslaughter can occur: unlawful act manslaughter, gross negligence manslaughter, and reckless manslaughter. Unlawful act manslaughter, also called constructive manslaughter, involves doing a dangerous unlawful act that results in death, even if unintended. The unlawful act must be an objective danger and directly cause the death. Case law examples explore what constitutes a dangerous unlawful act and how proximate the causation must be.
The document discusses three homicide schemes - common law, Pennsylvania, and the Model Penal Code. It provides definitions and examples of first-degree murder, second-degree murder, manslaughter, and related terms. It also summarizes two court cases - State v. Guthrie and the differing definitions of "deliberate and premeditated" from Schrader and Morrin. The last section discusses aggravating and mitigating circumstances in determining sentencing for first-degree murder under Arizona law.
This document provides guidance to criminal defense attorneys on avoiding ineffective assistance of counsel claims related to immigration consequences. It discusses key immigration concepts like inadmissibility, deportability, crimes involving moral turpitude, aggravated felonies and mandatory detention. It also covers post-conviction relief strategies and potential ineffective assistance of counsel claims criminal defense attorneys should be aware of regardless of Padilla v. Kentucky.
Chart - Immigration Effect of Selected California Firearm OffensesUmesh Heendeniya
This document from the Immigrant Legal Resource Center provides guidance on defending immigrants charged with firearms offenses. It discusses priorities for different types of immigrants, such as permanent residents and refugees. It also outlines pleas that can avoid immigration consequences, including pleas to possession of ammunition, antique firearms, simple assault, and battery with minimal injury. The document stresses avoiding pleas where the record of conviction identifies involvement of a firearm, as this could lead to immigration penalties. It provides this guidance as firearms convictions often render immigrants deportable or ineligible for immigration relief.
This document provides notes from a lecture on criminal law jurisprudence. It covers topics such as rape, theft, homicide, estafa, arson and other crimes. Key points include how rape is now a crime against persons, the stages of execution for different crimes, and discussions of qualifying circumstances, exceptional circumstances and the doctrine of absorption as they relate to criminal liability under Philippine law.
The purposes of sentencing in the UK criminal justice system are:
(1) Punishment of offenders, (2) Reduction of crime through deterrence, (3) Reform and rehabilitation of offenders, (4) Protection of the public, and (5) Making reparation by offenders to victims. Specific and general deterrence aim to deter individuals and the general public from committing crimes through fear of punishment. Other aims include incapacitation of offenders, retribution that sees offenders receive their "just deserts", and denunciation of criminal behavior by society.
Examination of observable and stated actions relative to reason and lawful allowances. Logical discernment to reveal intent and criminality according to actions.
What Is HomicideHomicide is the killing of another human being..docxphilipnelson29183
What Is Homicide?
Homicide is the killing of another human being. The definition of homicide includes intentional killings, such as murder, and non-intentional killings, such as manslaughter. Homicides, especially culpable homicides, are violent felonies and carry very severe punishments.
The two most common types of homicide:
· Murder
· Manslaughter
Other types of homicide include:
· Deaths from Shaken Baby Syndrome
· Serial Killing
· Assisted Suicide
What Are the Differences between the Types of Homicides?
The exact distinctions between the types of homicide will vary from state to state. In general though, there are two classes of homicide, murder and manslaughter, with two different degrees for each.
Murder:
1. First-degree murder is the intentional, malicious, premeditated, and deliberate killing of another. Murder committed during an inherently dangerous felony is also considered first-degree murder.
2. Second-degree murder is killing of another with the intent to cause death but without premeditation or deliberation. Second-degree murder covers “accidental” killings where someone other than the intended target is killed. Second-degree murder is often a catch-all for murders which cannot be classified as manslaughter.
Manslaughter:
1. Voluntary manslaughter is killing as a result of “passion” or where an individual was “provoked.” Note that “passion” doesn’t mean anger, but any extreme emotion that suspends a person’s judgment. “Provoked” means the defendant is often confronted physically and responds by into committing the murder. Note that the provocation must be adequate enough that a reasonable person of sound mind would likely respond in a similar way. Provocation also includes an imperfect self-defense, where the killer uses more force than necessary or initiates the attack.
2. Involuntary manslaughter is the killing of another person not through intentional actions, but through reckless or negligent conduct. Vehicular manslaughter was once a significant portion of involuntary manslaughter and may still be in some states. However, many states have chosen to have vehicular manslaughter as a third type of manslaughter rather than group it with other forms of involuntary manslaughter.
What Are the Consequences of a Homicide Conviction?
There are severe consequences the come from a murder conviction:
· Capital Punishment (for first-degree murder only)
· Imprisonment
· Loss of the right to possess deadly weapons
· Inability to get occupational licenses
· Subject to civil suit for wrongful death
Likelihood of any of the above consequences depends on the following factors:
· Mitigating/aggravating circumstances (with regard to death penalty cases)
· Prior Convictions
· Currently on probation or parole
· Degree of media attention on the case
· Type of weapon used
Family Members of Homicide Victims
If you are a family member of a homicide victim and a case is currently being investigated or prosecuted, you should consider speaking with an .
How to Distinguish Between Voluntary & Involuntary Manslaughter in Brampton.pptxHarpreetSaini48
Voluntary manslaughter involves intentionally killing another person, but doing so in the heat of passion due to adequate provocation. It is considered less culpable than murder. Involuntary manslaughter refers to accidentally killing someone through negligence or recklessness without intent. The punishment for voluntary manslaughter can include jail time up to 30 years and fines, while involuntary manslaughter penalties range from 2-5 years in prison and fines up to $100,000 Canadian dollars. Defenses for voluntary manslaughter include self-defense, proving innocence, or establishing lack of sanity at the time of the crime.
This presentation is talking about Types of crime in people daily which consist a few types of crime. Also differentiate the case that fall in the felony case or the in other case. This simple slide consist the section of penal code that counted in judgement for the criminal.
The Supreme Court analyzed two cases dealing with convictions under the Protection of Children from Sexual Offences (POCSO) Act, 2012. In both cases, the High Court had ignored POCSO provisions and convicted the accused of minor offenses under the Indian Penal Code. The Supreme Court held that Section 7 of POCSO does not require skin-to-skin contact and that any act done with sexual intent that involves physical contact can be considered sexual assault. The Court also discussed how Sections 29 and 30 of POCSO create mandatory presumptions around an accused's guilt and mental state that must be considered and can only be rebutted with clear evidence proving innocence beyond reasonable doubt.
Ch 6. Understanding Our Criminal Justice System 3 Criminal Law.ppt.pptNamitaPatra3
Criminal law defines criminal conduct and penalties. Substantive law defines crimes, procedural law governs the criminal process. Criminal law has evolved from ancient codes like the Code of Hammurabi. In the US, criminal law comes from constitutions, statutes, regulations, and court decisions at the federal, state, and local levels. A crime is a public wrong prohibited by law and prosecuted by the state. Standards of proof include beyond a reasonable doubt and preponderance of evidence. Mens rea and actus reus must be proven for a crime. Criminal law distinguishes between justifiable, excusable, and criminal homicide. Other crimes include assault, robbery, drug offenses, and property crimes.
This document discusses the definition and types of crimes. It begins by defining a crime as an act that is punishable by law, and notes that crimes include things like murder, theft, resisting arrest, and possession of illegal drugs. It then explains that crimes have existed throughout history in many forms. Crimes are classified as felonies or misdemeanors based on their seriousness, with felonies being more severe. Crimes can be against people, such as assault or kidnapping, or against property, like arson or theft. Robbery is difficult to classify as it can involve violence against a person during a theft of property.
This document summarizes key concepts related to elements of crimes and parties to crimes from the 7th edition of Scheb and Scheb's Criminal Law and Procedure textbook. It outlines the basic elements of a crime as actus reus (wrongful act) and mens rea (criminal intent). It also discusses actus reus requirements, when failure to act can constitute a criminal act, status as a criminal act, possession as a criminal act, mens rea requirements including general vs specific intent and the Model Penal Code approach. Finally, it briefly covers causation, strict liability offenses, statutory rape as a strict liability crime, and parties to crimes under common law and the modern American approach.
This document discusses the differences between murder, manslaughter, and infanticide under Canadian law. It defines murder as the intentional unlawful killing of another person or inflicting harm knowing it could cause death. There are two degrees of murder - first-degree includes premeditated killing or killing during certain other crimes, while second-degree is any murder that is not first-degree. Manslaughter is an unlawful killing without intent to cause death. The consequences for murder include life imprisonment with parole ineligibility periods ranging from 10-25 years depending on the degree. Hiring an experienced criminal defense attorney can help in understanding the charges and developing a strong defense.
This document discusses the differences between murder, manslaughter, and infanticide under Canadian law. It defines murder as the intentional unlawful killing of another person or inflicting harm knowing it could cause death. There are two degrees of murder - first-degree includes premeditated killing or killing during certain other crimes, while second-degree is any murder that is not first-degree. Manslaughter is an unlawful killing without intent to cause death, such as from provocation. Penalties for murder include life imprisonment with parole ineligibility periods of 10-25 years, while manslaughter penalties vary but can include life imprisonment. The document advises speaking with a criminal lawyer if facing charges for causing death.
Individuals accused of manslaughter in UK should ask for legal advice and representation as soon as possible. Our team of criminal defence solicitors in London is here to offer complete legal support if you contact us at: www.defencesolicitorslondon.co.uk
This document defines and explains different types of violent crimes. It begins by defining crime and distinguishing between property crimes, public order crimes, and violent crimes. Violent crimes are defined as intentionally harming or threatening harm against others. Some major types of violent crimes discussed include murder, manslaughter, rape, arson, terrorism, domestic violence, gang violence, kidnapping, robbery, assault, and battery. Each type is further defined and examples are provided.
The document discusses the evolution of the concept of crime from ancient to modern times. It notes that early societies did not clearly distinguish between criminal and civil offenses, focusing more on compensation than punishment. Over time, certain "botless" offenses emerged that involved punishment rather than compensation. This helped develop the modern concept of crime as a legal wrong remedied by state punishment. The document then categorizes different types of crimes and outlines some key elements like actus reus, mens rea, and prohibited acts. Finally, it distinguishes between the concepts of sin and crime.
Capital punishment, also known as the death penalty, is the killing of a person as punishment for a crime. While some countries have abolished it, others still practice capital punishment for serious crimes. This document discusses perspectives on the ethics of capital punishment and examples of its application and impact. It notes that while some argue it serves as a deterrent or just retribution, others believe it is inhumane or risks executing innocent people. The document examines specific cases where innocent people may have been wrongly executed. It also analyzes how politicians can influence death penalty cases for political gain rather than justice alone. In less than 3 sentences.
The document discusses different types of involvement in crimes. A perpetrator directly commits the criminal offense, while co-perpetrators work together to commit the crime. Parties to an offense indirectly help by aiding, abetting, counseling or being an accessory after the fact. There is also shared liability under the doctrine of common intention if additional crimes are committed during an intended crime. Attempts and conspiracies are incomplete crimes where the criminal act was not completed but there was intent and steps taken (for attempts) or an agreement (for conspiracies) to commit the crime.
The document outlines the key elements of a crime under criminal law: actus reus, which is the prohibited act, and mens rea, which is the mental state. Both elements must exist at the same time for an offense. The Crown must prove beyond a reasonable doubt that the accused committed the actus reus with the required mens rea. Some offenses are strict liability and do not require proving mens rea. Regulatory offenses carry lesser penalties than criminal offenses.
Jay was charged with assault causing bodily harm after an altercation at his high school. During a fight between rival schools, two boys approached Jay in a threatening manner. As one boy tried to trip him, Jay grabbed the boy's leg and twisted it, breaking the leg. The police charged Jay, but he claims he was only defending himself. To advise Jay on his chances, you must analyze the prosecution's case that Jay committed assault, and Jay's possible defense that he acted in self-defense. Key questions are whether Jay intended harm, whether the other boy consented, whether the injury was serious, and whether the force Jay used was necessary for self-defense without provoking the attack.
This document defines the key elements of crime under Canadian law. It outlines that a crime is any prohibited act or omission punishable by statute. There are typically four conditions for an act to be considered a crime: it is wrong by societal standards, causes harm, the harm is serious, and is handled by the criminal justice system. It also discusses the distinction between federal and provincial criminal laws. To convict someone, the Crown must prove the guilty act (actus reas) and guilty mind (mens rea) existed at the time of the offense. Mens rea can include intent, knowledge, criminal negligence, recklessness, or willful blindness. Strict and absolute liability offenses do not require proving mens rea.
This document outlines a school project for middle school students on Canadian drug laws. Students are to work in partners to create an educational project in any format such as a video, brochure or play. They must submit a written plan detailing the project idea and each partner's roles. Once the project idea is approved, the document will discuss how it will be evaluated. The final project is due on October 20th.
To be found guilty of a criminal offence in Canada, two elements must be proven: actus reus (the physical act) and mens rea (the mental element of intent). The Crown prosecutor must prove beyond a reasonable doubt that the accused committed the prohibited act (actus reus) with criminal intent or knowledge (mens rea). Some regulatory offences are strict liability, requiring only proof of the act, while absolute liability offences do not consider intent at all.
This document summarizes key sections of Canada's Charter of Rights and Freedoms relating to criminal law and procedure. It outlines rights that are protected from initial investigation through sentencing, including rights against unreasonable search and seizure, arbitrary detention, the right to counsel, fair trial rights, and the right to not be subjected to cruel and unusual punishment. It also discusses some complexities in interpreting certain rights and limitations that courts have placed on rights under the Charter.
A group of 5 plane crash survivors found themselves stranded on a remote uninhabited island in the Caribbean with limited supplies. To govern their society until rescue, which could take weeks, they must draft a legal code addressing the rationing of food and water, safety rules, and how to signal rescuers. The code will be enforced to help the group survive with only two cases of water, some blankets, matches, snacks, dishes and basic medical supplies salvaged from the wreckage.
Rules are guidelines that apply specifically to participants in an organized activity, like a sport. Laws are rules established by government that everyone in a society must follow. The key differences are that laws apply to all, are enforced by courts, and have formal consequences for breaking them, while rules are more optional and have less serious consequences. Both rules and laws are needed to maintain order and prevent chaos.
The document summarizes key aspects of the Canadian Charter of Rights and Freedoms, including the four main freedoms it guarantees: freedom of conscience and religion; freedom of thought, belief, opinion and expression; freedom of peaceful assembly; and freedom of association. It also discusses a court case, R. v. David T. Little, in which a man refused to pay income taxes due to his religious objections to funding abortions. The court rejected his argument and found him guilty, as there was no evidence he was being treated differently than other taxpayers.
Jean Trueblood recently turned 17 and was preparing for her freshman year of college with a potential focus on biology. She had written a paper on the ethics of cloning without knowing it would directly impact her own life. Dr. Cynthia Hayes, who won a Nobel Prize for cloning mammals, had secretly cloned herself due to kidney issues. She offered Jean's parents a deal - she would implant one of her cloned embryos in Jean's mother for a reduced fee, but the resulting child would have to donate a kidney to Dr. Hayes if needed. Jean's parents agreed despite the unusual terms. Jean was born and Dr. Hayes later demanded Jean donate a kidney, revealing her biological origins for the first time.
Judges have considerable freedom in determining appropriate sentences for convicted criminals. They must consider precedents, circumstances of the offense and offender, and the goals of sentencing such as deterrence, rehabilitation, and retribution. More recently, there has been a focus on diversion programs as alternatives to imprisonment to reduce costs and prevent further criminal socialization. Conditional sentences allow offenders to serve time in the community under supervision for crimes with sentences under two years.
The document discusses various defences that can be used in criminal cases, including denial of the crime, justifications, mental states, mental disorders, intoxication, self-defence, necessity, compulsion/duress, provocation, and battered woman's syndrome. It provides details on the legal requirements and tests for each defence. Key points include that mental disorder can be used as a defence if the accused was unable to appreciate the nature of their actions or know they were wrong. Intoxication is generally not a defence but may be in cases of specific intent or extreme intoxication. Self-defence must use reasonable force, while defence of property allows greater force. Battered woman's syndrome provides context for why an abused
When officers arrive at a crime scene, they have three main tasks: provide medical assistance, eliminate any remaining hazards, and continue searching the area as if the perpetrators may still be present. It is important to accurately establish the center and perimeter boundaries of the crime scene to preserve evidence. Crime scenes are preserved to allow for a thorough search, properly collect and seize evidence, and ensure any evidence is admissible in court. Four types of officers investigate crime scenes: patrol officers who secure the scene; crime scene officers who collect evidence; identification officers who search for and analyze evidence; and detectives who supervise the investigation.
There are three levels of police in Canada: federal, provincial, and municipal. The Royal Canadian Mounted Police (RCMP) serves as the federal police force and also acts as the provincial police in some provinces. Provincial police like the Ontario Provincial Police have jurisdiction in rural and unincorporated areas. Municipal police are funded by individual towns and cities and focus on local community policing duties. Arrangements have also been made for some Aboriginal communities to have their own police forces.
How to Fix the Import Error in the Odoo 17Celine George
An import error occurs when a program fails to import a module or library, disrupting its execution. In languages like Python, this issue arises when the specified module cannot be found or accessed, hindering the program's functionality. Resolving import errors is crucial for maintaining smooth software operation and uninterrupted development processes.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
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it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
Executive Directors Chat Leveraging AI for Diversity, Equity, and InclusionTechSoup
Let’s explore the intersection of technology and equity in the final session of our DEI series. Discover how AI tools, like ChatGPT, can be used to support and enhance your nonprofit's DEI initiatives. Participants will gain insights into practical AI applications and get tips for leveraging technology to advance their DEI goals.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
2. Federal Statute that reflects the social values of
Canadians which is amended (changed) to
reflect society’s changing values.
internet distribution of child pornography
removal of criminal record for personal
possession of Marijuana.
3. The Criminal Code is the main body of criminal
law and identified hundreds of acts that are
considered criminal. The offences listed in the
Code are worded very precisely so that citizens
are not wrongfully arrested on a criminal
charge. The elements required by the Crown
must be worded precisely so that they can
obtain a proper conviction.
4. Three levels of offences:
1. Summary Conviction
2. Hybrid
3. Indictable (in-DIE-table)
Summary Conviction Offences
Minor offences generally with light penalty
▪ conviction of summary conviction can be fined up to
$2000 and/or imprisoned for up to 6 months
Cases pass through courts quickly. Tried by judge only
5. Indictable Offences
Serious crimes carrying heavier penalties
▪ Maximum penalty ranges from 2 years to life imprisonment
▪ Sometimes indictable offences have minimum sentences
(robbery with firearm -4 years; murder life imprisonment)
Method of trial differs according to severity of the sentence of the
offence
▪ Less than 5 years – trial in ProvincialCourt or Superior Court by judge
only
▪ More than 5 years – accused can choose for trial in Superior Court with
judge or judge and jury.
▪ Most serious indictable offences (murder, treason) must be tried in
Superior court (see chart p. 222)
6. Hybrid (Dual Procedure) Offences
Crown decides whether to proceed as a
summary conviction or indictable offence
Always treated as indictable until Crown lays charge
in court.
Depends on the circumstances of the case
▪ i.e.Theft under $5000 – first offence of stealing something
worth $100 most likely Crown would proceed as summary
instead of indictable.
7. PERIOD 3
Law in Action 1st Edition Page 224
Case: R v. Quinlan #1-2
BuildingYour Understanding #2-4(a)
PERIOD 6
Law in Action 2nd Edition Page 223-224
Case: R v. Mitchell #1-3
BuildingYour Understanding #2-4(a)
8. Violent crimes are offences that harm the
human body in some way.
Approximately 13 percent of all Criminal Code
offences are of a violent nature.
Homicide
Murder
9. The Criminal Code defines homicide in the
following way.
222. (1) A person commits homicide when directly
or indirectly, by any means, causes the death of a
human being.
Two main types of homicide:
culpable (‘blameable’) – killing for which the
accused can be held legally responsible. Ex.
Murder, infanticide, manslaughter
non-culpable – killing for which the accused can
not be held legally responsible. Ex. Accident,
soldier under orders during war, self-defence
10. Homicide
Killing another human being, directly or indirectly is
homicide. Homicide is a criminal offence if it is
culpable (deserving of blame) Murder,
manslaughter and infanticide are culpable
homicide. Non-culpable homicide is not criminal
and occurs when death is caused by a complete
accident or in self-defence.
11. Murder
The most serious violent crime is
murder. An accused may be found
guilty even if he/she did not have
intent to kill.
ex. If Ann tries to shoot Bill but her shot kills Fred
instead, Ann is still guilty of murder even though she
didn’t intent to kill Fred. If Bob wants revenge on Jim
by committing arson, and the fire kills May who was in
the building, Bob is still charged with murder even
though he didn’t have intent to hurt May.
12. In Canada there are two classes of murder: first-degree murder
and second-degree murder.
First-degree murder occurs if any one of the following situations
exists:
murder is planned and deliberate. ex. murder for hireplanned
and deliberate are not the same. Planned refers to a “scheme
or design” that has been thought out carefully. The person
must have carefully considered and
weighed the consequences
of his/her actions.
Deliberate means
considered and not impulsive.
13. victim is a law enforcement agent,
such a police officer or someone
working in a prison.
death occurs while another offensive crime is being committed.
i.e. hijacking, sexual assault, threats or causing bodily harm to a
third party, kidnapping
murder caused while committing or attempting to commit and
offence related to criminal harassment.
murder committed while using explosives to commit an offence
in association with a criminal organization
murder committed while committing, or attempting to commit,
an indictable offence that could also be considered a terrorist
activity.
14. Murder that does not fit into any of the
above categories, but is still caused
intentionally, is classified as second-
degree. The minimum sentence for both
first-degree and second-degree murder is
life imprisonment.
15. The mandatory sentence for both
first degree and second degree
murder is life imprisonment.
only difference is the date
at which the offence can apply
for parole.
Offender convicted of First degree murder serves 25
years before qualifying for parole.
An offender convicted of second degree murder can
usually apply for parole after serving 10 years.
16. Infanticide is the killing of a newborn by his or
her mother.
means the accused has not yet recovered from
the effects of childbirth and is suffering from:
depression or
mental disturbance.
The maximum punishment is imprisonment for
5 years. Infanticide is seldom seen in the courts.
17. The Criminal Code
defines manslaughter as
any culpable homicide
that is not murder or
infanticide.
The actus reus of manslaughter consists of
killing someone through a wrongful act,
even if the killing of the individual was not
intentional.
18. Ex. Nelson and Jimbo are
fighting in a barroom
brawl. Nelson punches
Jimbo in the jaw, knocking
him backwards and causing
him to hit his head on the edge of the pool table.
Jimbo dies later that night from internal bleeding
caused by the severe concussion. Nelson wanted to
hit Jimbo but didn’t mean to kill him but Jimbo died as
a direct result of Nelson’s actions. Nelson will be
arrested and charged with manslaughter.
19. The mens rea of this
offence is that any
reasonable person could
have foreseen that the
wrongful act would pose
a risk of bodily harm that
was neither insignificant
nor temporary.
To be found guilty of manslaughter, the
offender did not foresee that the wrongful
act could result in death.
20. Sometimes, people charged with murder are
convicted of manslaughter. This happens if the
accused successfully uses one of two defences:
1. Provocation
It must be shown that the accused caused another’s
death “in the heat of passion caused by sudden
provocation.” The provocation must be a wrongful act
or insult, and must be something that would cause an
ordinary person to lose self-control (except for drugs
and alcohol). If, after being provoked, the accused has
time to plan the killing of the other person, the charge
will be murder not manslaughter.
21. 2. Intoxication
Intoxication is often significant in
murder cases because being drunk or
“high” can affect a person’s ability to
predict the consequences of his or her
intentions. The Crown must prove
both the killing and the necessary
intent if the accused uses intoxication
as a defence. If there is doubt as to
the ability to form the necessary
intent because the accused ingested
alcohol or drugs, the accused must be
found guilty of manslaughter, not
murder.
22. It is an offence to counsel or help anyone to commit
suicide. Until 1972, it was also an offence to attempt
suicide. Assisted suicide is a controversial issue.
Some chronically ill people have argued they have the
right to assistance if they want to end their suffering.
Disability groups often oppose legalizing assisted
suicide because they believe people
who have disabilities may be
pressured to end their lives.
23. A related issue is euthanasia (mercy killing). This
means one person acts to end the life of another.
There are different levels of consent for euthanasia:
voluntary and involuntary euthanasia.
Voluntary euthanasia occurs when a patient expresses
the wish to die either in writing or verbally.
Involuntary euthanasia would occur if the individual is
unable to make his/her wishes known or does not
want to die despite his/her condition.
24. Assisted suicide, voluntary and involuntary
suicides are all considered homicide under the
Criminal Code. However, cases involving elderly,
disabled spouses are often dealt with
compassionately by the courts.
Under Canadian law, patients are allowed to
refuse treatment if they are of sound mind. The
problem is if the patient is not of sound mind.
Patients are encouraged in some provinces to
sign care directives so their guardians will know
what they want. Without a care directive, legal
guardians and physicians make the decisions
based on medical ethics and human rights
legislation.
25. The most common form of violent crime is assault
(76% of all reported violent crimes). The Criminal
Code classifies assault according to three levels.
1. Assault
2. Assault with a weapon
or causing bodily harm
3. Aggravated Assault
Level one of assault is a hybrid offence and carries a
maximum penalty of 5 years’ imprisonment. Ex.
Pushing someone or threatening someone with
26. Words by themselves cannot be considered an assault;
they must be accompanied by an act or gesture. Assault
occurs when any one of the following occurs:
Intentionally applying force to another person, either
directly or indirectly, without that person’s consent.
Attempting or threatening by act or gesture to apply
force.
Accosting or impeding another person, or begging,
while opening wearing or carrying a weapon or an
imitation of a weapon
27. Level two of assault is assault with a weapon
or causing bodily harm. This type of assault
is defined as injuring a person in a way that
serious consequences for the victim’s health
or comfort. It may also involve carrying,
using, or threatening to use a weapon. This is
a hybrid offence and carries a
maximum penalty of 10
years’ imprisonment.
28. Level three of assault is the most violent form
and is called aggravated assault. Aggravated
assault is defined as wounding, maiming,
disfiguring, or endangering the life of the
victim. This is an indictable offence and
carries a maximum
penalty of 14
years in prison.
29. Sexual
Assault
Before 1983 only two types of sexual assault were in the Criminal
Code: rape and indecent assault. In 1983, new legislation was
introduced that reclassified sexual assault into 3 levels or
categories similar to those used in regular assault cases. These
changes were made for several reasons.
First, the Justice Department wanted to emphasize that ‘sexual
assault involves physical violence against another person.”
Second, it wanted to recognize that spouses could be charged
with sexual assault and that the victims could be either male or
female.
30. SEXUAL
ASSAULT
The three levels of sexual assault are:
Level 1 – Sexual Assault
Level 2 – Sexual Assault with a weapon, threats to a third party or
causing bodily harm
Level 3 – Aggravated Sexual Assault
The first level of sexual assault is the most common offence and the
one where the victim suffers the least physical injury. Although not
specifically defined in the Criminal Code, generally speaking, it may be
defined as a violation of the victim’s sexual integrity which usually
involves touching of a sexual nature that is not invited or consensual.
97% of all sexual assault cases fall into this category which is a hybrid
offence and carries a maximum sentence of 10 years in prison.
31. Sexual
Assault
The second level of sexual assault is sexual assault with a
weapon, threats to a third party, or causing bodily
harm and involves a sexual assault in combination with
threats or the use of weapons, or that results in bodily
harm. This is an indictable offence and carries a
maximum sentence of 14 years.
The third level of sexual assault is aggravated sexual
assault which is defined as the maiming, wounding,
disfiguring or endangering the life of the victim of sexual
assault. Because this is the most violent level of sexual
assault an offender can receive up to life imprisonment.
32. Sexual Assault
Consent is a valid defence to the charge of sexual
assault if the accused person had an honest and
reasonable, even if mistaken belief that the victim was
consenting to sexual contact. However consent
cannot be used as a defence in three instances:
•when a victim says no, either by words or conduct, such as directly
repulsing physical advances or struggling to escape an embrace
•when the accused is intoxicated and not able to determine if consent
has been given
•when the accused person was reckless and deliberately blind to the
victim’s responses or failed to take reasonable steps to find out if the
victim was consenting
33. Most motor vehicle offences, such as
speeding or failing to stop at a red light are
under provincial jurisdiction.
As a result, they are not addressed in the Criminal
Code.
However, because of their seriousness, the
following offences ARE contained in the
Criminal Code.
34. A ‘motor vehicle’ is defined in the Criminal Code
as a vehicle that is drawn, propelled, or driven by
any means other than muscular power.
Such vehicles include cars, snowmobiles,
motorcycles, motor boats and all-terrain vehicles.
To convict an accused of dangerous operation of
a motor vehicle, the Crown must prove that the
safety or lives of others were endangered
because the driver failed to exercise the same
care a prudent driver would have exercised
under the same conditions.
35. This offence can be committed in a number of ways, depending on
the manner and circumstances in which the vehicle is operated.
Ex. Bob is late for work. On his way, he drives over the speed limit
and passes another motorist on the double line, forcing an on-
coming car off the road.
Dangerous operation of a motor vehicle is a hybrid offence
punishable for a term of up to 5 years.
Dangerous operation causing bodily harm is an indictable offence
with a maximum punishment of 10 years.
If someone driving in a dangerous fashion causes a death, the
maximum penalty is 14 years in prison.
36. According to the Criminal Code, anyone who is involved in a
motor vehicle accident and does not stop, offer assistance,
and give his or her name and address is presumed to show
intent to escape civil or criminal liability.
This person may be charged with failure to stop at the scene
of an accident. Commonly known as ‘hit and run’, this is a
hybrid offence punishable by a term of up to 5 years.
The maximum punishment for a hit-and-run accident
causing bodily injury is 10 years. If the accident causes a
death, the offender can be sentenced to a maximum of life in
prison.
37. The proof that a driver is impaired, either by drugs
or alcohol, can come from a number of sources.
A person’s erratic driving, slurred speech, or inability
to walk a straight line, or the smell of alcohol on
his/her breath can serve as proof of the driver’s
impairment.
a breath or blood test which measure amount of
alcohol in person’s bloodstream.
an offence to drive or to have ‘care or control’ of a
motor vehicle while the amount of alcohol in the
bloodstream exceeds 80 milligrams in 100
millilitres of blood.
38. If police have reasonable and probable grounds to
believe an impaired person is or has been
operating a motor vehicle within the last three
hours, they may demand person take a
Breathalyzer test.
If cannot take the test because of an existing medical
problem may be asked to give a blood sample instead.
blood sample may only be taken by qualified medical
practitioners who is satisfied that test will not
endanger the subject’s health.
39. Operating a motor vehicle while impaired and
refusing to provide a breath or blood sample are
both hybrid offences. The severity of the
punishment increases for subsequent offences.
Impaired driving causing bodily harm is an
indictable offence with maximum penalty of 10
years in prison.
If an impaired driver kills someone, the
maximum penalty is life in prison.
40. Assignment
•Page 226 - R v. Mafi #1-2
Page 229 - R. v.Turner #1-3
Page 230 - R. v. Robert, R v. Foisy #1-3
Page 232 -R. v. Ewanchuk #1-3
Page 234 - R. v.Taylor #1-3
Page 235 - BuildingYour Understanding #1-7