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 ID: 489534
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Slide1
Violent CrimesSlide2
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 person’s reputation)
Homicide, Assault, Sexual Assault, Other sexual offences, abduction and robberySlide3
2006 Homicide Statistics
Page 218
605 Homicides (USA: 17,000)
Rate per 100,000 is the key stat: Ontario has a rate of 1.5
Homicides by Accused-Victim relationshipsSlide4
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
See diagram on page 219Slide5
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)
1
st
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 takingSlide6
2nd
Degree Murder
All other types of murder are considered 2
nd
degree
Minimum sentence for both are life in prison- it’s the possibility of parole that is different- 1
st
Degree- 25 years, 2
nd
Degree- 10 years
Causation- cause of death
R. v.
N
ette
page 220Slide7
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 intentSlide8
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 victimSlide9
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 prisonSlide10
Level Two Assault
Physical attack involving a weapon
Bodily harm is required which requires medical attention
Bodily harm is anything that interferes with the victim’s health or comfort
Maximum penalty if 10 years imprisonmentSlide11
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 prisonSlide12
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 crimeSlide13
Sexual Assault
Level one is similar to level one assault it involves intention unwanted sexual attention
Could also involve the victim’s 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 behaviourSlide14
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 victim’s injuries may be life threatening- max penalty of lifeSlide15
Consent and Rape Shield
This is simple- there can be no implied consent- No means No and Yes means Yes…end 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 testimonySlide16
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
e
ngage 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 criteriaSlide17
Abduction
Involves capturing and carrying off a person by force against his or her will
It is not kidnapping because abduction refers to removing a person under the age of 16 from the care of a parent or guardian
Max punishment is 10
Only added to the code in 1983Slide18
Robbery
Illegally taking someone’s 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