Law 2101 Lecture Notes - Lecture 10: Mens Rea, Extortion, Summary Offence
8 Mar 2018
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An act or omission considered to be a wrong against society. Prosecuted by the state in criminal proceedings. Reserved for the most serious harms in society. Criminal cases brought in the name of state. Queen against jones -> r v jones. Beyond a reasonable doubt (crown must prove) High burden of proof because criminal cases involve prison time. Federal vs provincial (ss 91 and 92, constitution act 1867) All criminal law in canada is contained in a statute (codified) All canadian crimes are statutory -> not true in england. Even though criminal offenses have to be enacted by federal government, offenses can be enacted by province but they are not considered criminal (speeding) Most offenses in canada are hybrid offenses - can be either indictable or summary. Crown choses if offense should be treated as indictable or summary. Physical elements of offence - conduct, circumstances, consequences.
