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Violent Crimes Violent Crimes

Violent Crimes - PowerPoint Presentation

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Violent Crimes - PPT Presentation

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

assault sexual level person sexual assault person level years murder victim consent harm intent life degree max weapon homicide

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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