FORS-2006EL Lecture Notes - Lecture 2: Dangerous Driving, Actus Reus, Breathalyzer
27 Jun 2018
School
Department
Course
Professor
Criminal Law - Day 2 2017.09.18.
Review from last class:
-Morality
-law is a reflection of morality
-Actus Reus
-guilty body
-Mens Rea
-guilty mind
-Onus is on the Crowne, to prove that the defence is guilty beyond a reasonable doubt
-With identity, jurisdiction, essential elements (offence required to make the offence)
-Onus on the defence to just show a reasonable doubt, they don’t have to prove
anything, they simply have to bring doubt and the crowne is the one that must prove
guilt
-Statement made by defence must be made voluntarily, without hope of advantage
-Right to silence came from the American constitution, and is in Section 7 of the
Charter
-A statutorily compelled statement (ex. in a car accident scene you must tell the police
what occurred) may not be used against you
-Evidence that is created is when evidence is taken (or self constricted) from a
statement you say, this may assist the police in your own prosecution
-In a charter right violation, the onus is on the defence to show that their rights were
infringed
-Except in a warrantless arrest, in which the onus is on the crowne to prove that there
was grounds for necessary warrantless arrest
-In order to search (especially places) you need a warrant
-You do not need a warrant to search incident to arrest
-Unless the arrest was not valid, since there was not reasonable and probable
grounds that the person committed the crime, therefore this search was a violation
-You also don’t need a warrant for “evidence given present to a demand” (ex.
breathalyzer test is a demand)
Sources of Law - Statute
-Only the federal government can pass criminal law
-Ignorance of the law is no excuse
-Fraud is holding out that something is true when it is not
-Many statute have regulation power
-Ex. regulation laws in hospitals that outlines many things
-Ex. regulations that list weapons that are prohibited in Canada, or careless storage
of firearms, or careless use of firearms like carrying it while loaded, or prohibited
devices
-Judges make common law, it is not in the criminal code but must be followed
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Onus is on the crowne, to prove that the defence is guilty beyond a reasonable doubt. With identity, jurisdiction, essential elements (offence required to make the offence) Onus on the defence to just show a reasonable doubt, they don"t have to prove anything, they simply have to bring doubt and the crowne is the one that must prove guilt. Statement made by defence must be made voluntarily, without hope of advantage. Right to silence came from the american constitution, and is in section 7 of the. A statutorily compelled statement (ex. in a car accident scene you must tell the police what occurred) may not be used against you. Evidence that is created is when evidence is taken (or self constricted) from a statement you say, this may assist the police in your own prosecution. In a charter right violation, the onus is on the defence to show that their rights were infringed.
