FORS-2006EL Lecture Notes - Lecture 4: Curtilage, Mental Disorder, Criminal Negligence
27 Jun 2018
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Department
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Criminal Law - Day 4 2017.10.16
Review
-Actus Reus
-The act of the offence
-Ex. lighting the fire, assaulting someone, etc.
-Mens Rea
-Specific intent
-ex. Theft, you deliberately leave a house with an object that belongs to someone
else
-This is proven through circumstantial evidence
-ex. once you leave the house knowing you took the item, there is nothing else
you could be intending to do except depriving the person of the
-The inference made here must be the only possible innocent option
-General intent
-Just being responsible for my actions, but not planning where they go or what
occurs
Parties to an Offence
-1) Section 21. 1 a) The person that actually commits the crime
-The person that goes in and actually takes the headphones from the store
-2) Section 21. 1 b) Does or does not do something, for the purpose of aiding any
person to commit it, so an accomplice to the crime and does anything to help person
a)
-The accomplice walks into the store and distracts the employees so they don’t see
the other person stealing the earphones, then they leave in the same car
-This is hard to prove, since guilt is individual and unique so you cannot rely on
what person a) did or said, in order to convict person b)
-Willful blindness will be something that can be used in this case to prove someone
was an accomplice
-Accessory after the fact
-Section 23. 1) Anyone who, knowing that a person has been a party to the offence,
receives, comforts or assists that person for the purpose of enabling that person to
escape
-Omitting to do something
-Ex. I patrol a very wealthy home, and am responsible for setting the alarm at
night, someone breaks in that night
-They have to look for a connection as to why this person would omit to doing
something to allow a crime to occur
-3) Section 21. 1 c) Someone abets aka encourages a crime to be committed
-This occurs mainly in assault and sexual assault
-Ex. multiple members of the hell’s angel rape a girl
find more resources at oneclass.com
find more resources at oneclass.com
-There were 2 members that did not do anything, but were still guilt because
they knew what was going to occur so they are parties to an offence
-On the text, when asked, think:
-Did he have any use at all
-Was he passively inequisent (passively there)
-Was there a reason for him to be there, was he being used for anything, even
intimidation
-Section 17) Not doing anything once you realize a crime has been committed,
but still being well aware it occurred, is being an accessory to the crime
-Ex. knowing someone had just killed someone, and when they tell you to drive
them away, you do it
-But if the killer was pointing a gun at you, and telling you to leave, then this
changes cause you don’t have much of a choice whether to leave or not when
a gun is pointed at you
Where one party cannot be convicted
-They kill themselves after the crime is committed
Attempts
-Section 24. 1) Anyone who, having an intention to commit an offence, does or omits
to do anything for the purpose of carrying out the intention is guilt of an attempt to
commit the offence whether or not it was possible under the circumstances to commit
the offence
-Ex. girl steels money from guys, she runs away, they go looking for her, tackle her,
and attempts to drag her to the car, she gets away in the end
-When do you have enough to prove an attempt?
-looking for her? no
-blocking her way with the car? no
-tackling her? no, just assault
-trying to drag her to the car? yes there is now attempt at kidnapping
-in a question on a quiz:
-answer yes or no to the attempt, but there must be reasons for it
-the attempt must fit all of the requirements for this crime
Common intention
-Section 21. 2)!Where two or more persons form an intention in common to carry out
an unlawful purpose and to assist each other therein and any one of them, in carrying
out the common purpose, commits an offence, each of them who knew or ought to
have known that the commission of the offence would be a probable consequence of
carrying out the common purpose is a party to that offence.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Ex. lighting the re, assaulting someone, etc. Theft, you deliberately leave a house with an object that belongs to someone. Ex. once you leave the house knowing you took the item, there is nothing else you could be intending to do except depriving the person of the. The inference made here must be the only possible innocent option. Just being responsible for my actions, but not planning where they go or what occurs. 1 a) the person that actually commits the crime. The person that goes in and actually takes the headphones from the store. 1 b) does or does not do something, for the purpose of aiding any person to commit it, so an accomplice to the crime and does anything to help person a) The accomplice walks into the store and distracts the employees so they don"t see the other person stealing the earphones, then they leave in the same car.
