CRIM 230 Lecture Notes - Lecture 2: Summary Offence, Fundamental Justice, Objective Test

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turquoisechinchilla417

22 Jun 2018

School

Simon Fraser University

Department

Criminology

Course

CRIM 230

Professor

William Glackman

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Lecture 2

Impaired driving involves conduct

4 offences CCC s. 253 Operates while impaired, operate when over .08, care or control while

impaired and care or control when over .08

CCC s 253 b more recent – breathalyser more specific

Officer can choose to proceed either on charge of impair or over .08  objective

Use S 253 a for marijuana impairment

Can be quilty without doing anything – care or control of a vehicle – no conduct in actus reas

S 258 – if found in that position law should presume that they had care or control unless YOU

prove that you are not in the position in order to set the vehicle operating – Onus on accused to

rebut – Violate of chater s.11. Said it was unconstitution – REASONABLE LIMIT S.1

Unintentionally set in motion - Care or control

All need is a circumstances that there may be a chance that one may accidentally set the vehicle

in motion

If law does not prohibit you from doing it, you can do it

Section 217 only applies if you fail to act and it may dangerous to life

Browne is responsible for his GF death – There is a undertake

- Failure to perform the act

Court appeal not found guilty because his undertake was take her to the hosipital which he did

- Trial court may be seen biased – get the bad guy which is why Brown was found guilty in

the first place

- Occupation: doctor automatic undertaking

Brown didn’t have to do anything at all – law does not impose a duty for you to act

CCC s. 215 Duty to provide the necessaries of life

Duty own to “certain” people

R v Naglik fail to take the infant to the doctor – standard that is expected of her : “a marked

departure

…”

CCCs.218 more broad than 215

EVERYONE

Age appropriate responsibility

Lecture 3

Act must be voluntary for there to be actus reus

Involuntary act – no actus reus—further there can’t be mens reas

State of impair conscious

- Automatism is not a true defence  defence argument

True defence is even if crown proves all the point (likely for conviction) there is an excuse for it

distinguish from being unconscious in a traditional sense  unconscious in traditional sense

(sleeping)

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automatism  unconscious but appear to be conscious  need to prove it, and judge needs to be

convinced (evidence, fact)

5 Categorization of automatism  why? Because in criminal law it leads to different outcomes

 not all of which lead to acquittal:

In automatism caused by a mental disorder  consequences may not be guilty or not guilty may

lead to NCRMD – Not criminally responsibly for mental disorder

Automatism Caused by "Normal" Conditions

- lead to acquittal (not guilty)

- some internal cause but the internal cause is not a mental disorder

- ex. sleep walking (common in children, less common in adults), hypnosis

R. v. Parks (SCC)(1992) Automatism case

Guy drove 23 meters in in laws home – stab them both

(If conscious) charged with first degree murder (premeditation, stabbing)

- Another defence evidence no motive (good relationship)

Defence leading evidence of automatism – crown didn’t contest

Analysis the situation – look at law – apply it to the facts

- he killed someone not in a way that he is criminally accountable for it

"more or less reflexive" activity – autopilot

Automatism Triggered by an External Trauma

- proof lead to acquittal

- ex. severe blow to head  may alter one into unconsciousness

- (“psychological blow”) may not be physical but mental

- extremely shocking that it affects even the "average normal person”

- Objective test (“average normal person”) – it may also affect average people

- Ex losing job is ordinary stress in life  not valid for the acquittal

- Might could affect the average normal person  witnessing violate death of loved one

R. v. Stone (SCC)(1999) Failed attempt for acquittal

- Plan spend time with his son

- she was taunts him  pressuring him not to visit his son

- may not affect average people – there are a lot abusive relationship

Automatism Involuntarily Induced by Alcohol or Other Drugs

R. v. King (SCC)(1962) – dentist wisdom teeth removal

Voluntary – knowingly you know that symptoms for the medication

- defence depends on offence

- violent (convicting)

- Charge with non violent offence (non guilty)

Conflict between two competing theories/views here –

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1) personal responsibility – every citizen should be aware of the possible negative consequence

of large quantity of drug would lead to automatism - they made the choice vs fundamental

principle that the actus rues is voluntary

Fundamentally justice can excuse fundamental right

Fundamental justice – encompasses the basic fundamental tenets – nobody is convicted of crime

unless there is prove of actus reus and mens rea

R. v. Penno (SCC)(1990) consciously engage in act to get that drunk – already responsible for

conviction

R. v. Daviault – drinking – consumed 8 bottles of beers  went to visit wife’s friend  sexual

assaults her – expert witnesses

33.1 intended to ensure the “defence” of self-induced automatism is no longer available for any

offence involving violence against another person

Acquittal if non-violent offence – burn house down with no people in it = not guilty

- Unconstitutional but still have to stick to principal

Automatism Caused by a Mental Disorder

Can’t get acquittal or convicted

- get NCRMD – Section 16 – subjected to some state of control

Causation

The test: “But for the accused’s conduct the consequences would never have occurred”

FORSEEABILITY – if engage in conduct that is not foreseeability then not responsible

II. ACCELERATION OF DEATH

Section 226 accelerate a person’s death is to cause death under CCC s. 226 . facing some

homicide charge

Ex. Medication which hastens death

Ex. Assisted suicide

Ex. Withdrawal of treatment RDM

Distinction to ease pain or cause death

Suicide not a crime

14- can’t consent to own death

Section 241: one cannot assist another person who wishes who wishes to commit suicide – no

encouraging counsel is a crime

(a) counsels a person to commit suicide, or

(b) aids or abets a person to commit suicide, whether suicide ensues or not, is guilty of an

indictable offence and liable to imprisonment for a term not exceeding fourteen years

Assisted suicide in general is not legal. Aiding or abetting still illegal-- need to have intention

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Document Summary

4 offences ccc s. 253 operates while impaired, operate when over . 08, care or control while impaired and care or control when over . 08. Ccc s 253 b more recent breathalyser more specific. Officer can choose to proceed either on charge of impair or over . 08 objective. Can be quilty without doing anything care or control of a vehicle no conduct in actus reas. Said it was unconstitution reasonable limit s. 1. Unintentionally set in motion - care or control. All need is a circumstances that there may be a chance that one may accidentally set the vehicle in motion. Trial court may be seen biased get the bad guy which is why brown was found guilty in. If law does not prohibit you from doing it, you can do it. Section 217 only applies if you fail to act and it may dangerous to life. Browne is responsible for his gf death there is a undertake.

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CRIM 230 Lecture Notes - Lecture 2: Summary Offence, Fundamental Justice, Objective Test

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