CLU3M – Criminal Code

Learning Goal – I will be able to describe

several key indictable offences under the
Criminal Code.

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Introduction – The Criminal Code
 Criminal code
 Reflects the social values of Canadians
 Federal statute
 Main body of criminal law
 Offences listed and described precisely
 To ensure people are not arrested on a criminal
charge if they are involved in non-criminal matter
 To ensure someone is not set free on a
technicality

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Homicide in Canada

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Homicide Rate by Country

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Violent Crimes

 Harm to the human body.

 Historically a part of criminal law (Code of
Hammurabi)
 About 13% of all criminal code offences are of
a violent nature.
Including:
 Homicide
 Assault
 Sexual offences
 Abduction
 Robbery

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 Homicide homicide

 Killing another human

being, directly or Culpable homicide non-culpable homicide
indirectly, is homicide

 It’s a criminal offence if Accident Self-

it’s culpable (deserving defence
of blame) murder manslaughter infanticide
 Murder,
manslaughter, and First Second
infanticide degree degree

 Non-culpable homicide is not criminal and occurs when death is

caused by complete accident or in self- defense

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 Murder Intentional killing of another person-
although can be charged without intent

1. First degree
 This is planned &deliberate (considered consequences)
 Victim is in law enforcement
 Offense occurs offensive crime is being committed
 Max Penalty … Life with no parole for 25 years

2. Second degree (intentional murder yet does not fit into any of
the above categories
 The deliberate murder of a human . Not Planned
 Max Penalty … 25 years with no parole for 10 years

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Manslaughter

 Causing death of a human, directly or indirectly, by means of an

unlawful act
 Not murder rather it requires only general intent

Example: Speeding down a road, crash into a little old lady and kill
her.

 The mens rea - a reasonable person would recognize that the

unlawful act could physically harm or kill the victim.

 0-25 years

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Manslaughter continued
The law generally differentiates between levels
of criminal culpability based on the mens rea,
or state of mind

 Voluntary Manslaughter
 occurs when the defendant kills with malice
(intention to kill or cause serious harm), but
there are mitigating circumstances which
reduce culpability
 or when the defendant kills only with an intent
to cause serious bodily harm
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Manslaughter continued
 Involuntary Manslaughter
 is the unlawful killing of a human being
without malice (intent). It is distinguished
from voluntary manslaughter by the absence
of intention.
1. constructive manslaughter
 It occurs when someone kills, without intent, in
the course of committing an unlawful act
2. criminally negligent manslaughter
 an omission to act when there is a duty to do so
which leads to a death

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Assault
 Defined as”applying” intentional force to another
person directly or indirectly with out consent.

 Key to assault → Intent. If the action is the result of

carelessness or reflex, rather than intent → no
assault

 A threat can be an assault if there is an ability to carry

it out at the time it is made

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Assault continued
 3 Levels of Assault

Level 3 - Aggravated Assault

Level 2 – Assault Causing Bodily Harm

Level 1 - Assault

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Assault 1
 Applying intentional force to another person, either directly or
indirectly, without that person’s consent

 Attempting or threatening, by an act or gesture, to apply force

 Approaching or blocking the way of another person, while

openly carrying a weapon or an imitation of a weapon

 Harmful words – not an assault if not accompanied with a

gesture
 Consent not necessarily given because someone
participates in an activity
 Olympic Boxer – consents to being hit with gloved fists, not to
being bitten, kicked or eye gouged.

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Assault 2 – Causing bodily harm
 When someone, while committing assault,
carries, uses, or threatens to use a weapon
or imitation of a weapon

 Causes ‘bodily harm’

 Anything that interferes with the victim’s health or
comfort in more than a momentary, insignificant
way

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Assault 3 – Aggravated Assault
 Most severe assault

 When a person maims, disfigures, or

endangers the life of the victim

 Mens rea – only to commit bodily harm

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Sexual assault
 Three levels - similar to the 3 levels of assault.
 Important considerations when distinguishing sexual assault
 Conduct must have occurred in a sexual context
 Body part touched
 Nature of the contact
 Situation in with the assault took place
 Actus reus of sexual assault is the sexual touching to which the
victim does not consent

 The mens rea of sexual assault can rest in knowledge that the
victim gave no consent; recklessness; or willful blindness
(perpetrator avoids asking the victim if consent is being given).

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Abduction
 Few child abduction cases involve strangers

 Abduction: The forcible removal of an unmarried person under

the age of 16 from the care of a parent/guardian etc….
(including foster parents)

 Divorce is increasing abduction is increasing! – different

charge

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Offences Against Property
 Theft – the taking of property, permanently or
temporarily without the owners permission is the most
commonly reported criminal offence in Canada.
 Robbery – Theft involving violence or the threat of
violence.
 Threat of violence
 Assault
 Use of offensive weapons
 Imitation of weapon is accepted by the courts as threat of
violence
 Masking or colouring one’s face with the intent to commit an
indictable offense
 Breaking and Entering – involves not only breaking into
a place but also having the intent to commit robbery.
Max = life
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