Assault
Discuss the actus reus and mens rea of assault. How does it apply to this video?
Compare with http://www.cbc.ca/news/canada/british-columbia/story/2010/12/21/bc-courtenay-youtube-assault-sentencing.html
Compare with http://www.cbc.ca/news/canada/british-columbia/story/2010/12/21/bc-courtenay-youtube-assault-sentencing.html
Assault
Video I
Source: http://mrmuellersocials.weebly.com/criminal-law.html
Scenario:
Billy lived in the new apartment complex. He got a new skateboard for his birthday and was keen trying it out. But when he played on his skateboard, a big man confronted him telling him that he couldn’t skateboard in this area. He warned Billy not to do it again, or else, he would inform management. Billy smiled and the man walked away.
Soon after, Billy raced down a flight of concrete stairs outside with his skateboard, jumped up on the ledge of a concrete wall, but then lost his balance and fell to the ground. He pulled himself up. After all, it takes some practice to master skateboarding skills, and Billy was ready to try it again.
Suddenly, the big man came running up to him and seized his new skateboard. The two struggled over the skateboard and Billy, being much smaller than the man, was pushed and beaten by the man. Another kid came running up to help Billy and yelled at the man to let go, that he was only a kid.
The man then walked away, cell phone in hand, possibly calling management.
Assault?
What is an assault?
What kinds of assault are there?
Which assault would likely apply here in order to lay charges?
What would have to be proven in the case at hand to succeed in laying charges and convict?
What defences, if any, would be available to the perpetrator?
Video II
How does this video differ from Video I?
What are the similarities?
Explain the term: party to a common intent.
In this video, there were three perpetrators. Each perpetrator received a different punishment. Explain.
If Billy in Video I had been black, would it have been possible to lay charges based on hate crime legislation? Explain.
Video I
Source: http://mrmuellersocials.weebly.com/criminal-law.html
Scenario:
Billy lived in the new apartment complex. He got a new skateboard for his birthday and was keen trying it out. But when he played on his skateboard, a big man confronted him telling him that he couldn’t skateboard in this area. He warned Billy not to do it again, or else, he would inform management. Billy smiled and the man walked away.
Soon after, Billy raced down a flight of concrete stairs outside with his skateboard, jumped up on the ledge of a concrete wall, but then lost his balance and fell to the ground. He pulled himself up. After all, it takes some practice to master skateboarding skills, and Billy was ready to try it again.
Suddenly, the big man came running up to him and seized his new skateboard. The two struggled over the skateboard and Billy, being much smaller than the man, was pushed and beaten by the man. Another kid came running up to help Billy and yelled at the man to let go, that he was only a kid.
The man then walked away, cell phone in hand, possibly calling management.
Assault?
What is an assault?
What kinds of assault are there?
Which assault would likely apply here in order to lay charges?
What would have to be proven in the case at hand to succeed in laying charges and convict?
What defences, if any, would be available to the perpetrator?
Video II
How does this video differ from Video I?
What are the similarities?
Explain the term: party to a common intent.
In this video, there were three perpetrators. Each perpetrator received a different punishment. Explain.
If Billy in Video I had been black, would it have been possible to lay charges based on hate crime legislation? Explain.
Case Studies
Actus Reus/ Mens Rea Case Studies (Handouts)
Criminal Law Resource Links
http://www.canadianlawsite.ca/criminal.htmweeblylink_new_window
http://www.efc.ca/pages/law/cc/cc.htmlweeblylink_new_window
http://www.mycanadiancriminallaw.com/index.htmlweeblylink_new_window
http://www.duhaime.org/LegalResources/CriminalLaw.aspxweeblylink_new_window
http://www.virtualmuseum.ca/Exhibitions/Myst/en/game/index.phtmlweeblylink_new_window
http://www.montrealsciencecentre.com/static/autopsy/flash.htmweeblylink_new_window
http://www.efc.ca/pages/law/cc/cc.htmlweeblylink_new_window
http://www.mycanadiancriminallaw.com/index.htmlweeblylink_new_window
http://www.duhaime.org/LegalResources/CriminalLaw.aspxweeblylink_new_window
http://www.virtualmuseum.ca/Exhibitions/Myst/en/game/index.phtmlweeblylink_new_window
http://www.montrealsciencecentre.com/static/autopsy/flash.htmweeblylink_new_window
Law in Action, Chapters 6-12
- Which conditions must exist for an act to be considered a crime?
- What is the purpose of Criminal Law?
- What are the three things the Criminal Code of Canada lists about crimes?
- Why is it necessary to make changes, or amendments, to the Criminal Code?
- Why do provinces not have the right to enact criminal legislation?
- Provincially, there is a tool that considers certain acts wrong. Explain.
- Name three kinds of laws where provincial powers may enact some kind of fine or penalty.
- The accuser of a criminal act must prove two things about the accused. Explain.
- Explain what R. v. MacGillivray, (1995) I S.C.R. 890 was about.
- Why would possession be considered an illegal act?
- What is referred to as the “guilty mind”?
- Distinguish between general and specific intent. Provide unique examples.
- Comment on the story: “Father Jailed in Death of Son Left Unsupervised” on p. 146 in Law in Action.
- Why is knowledge another essential ingredient of criminal action? Give a unique example.
- Explain these terms: criminal negligence, recklessness, wilful blindness, strict liability, absolute liability.
- Read R. v. Kerster, [2001] B.C. S.C. CC000227 on p. 151. Prepare a commentary.
- Design a scenario in which you demonstrate your understanding of the following terms: perpetrator, aiding, abetting, counselling, accessory after the fact, party to common intention.
- Paul has a crowbar in the trunk of his car. He is headed to a nearby jewelery store at night, but when he spots a police car, he drives somewhat erratic, then suddenly speeds off, only to be followed by the police car. Paul's behaviour has aroused suspicion, and the police ask him to if they could look over his car, including the trunk. Paul, thinking he has nothing to hide, consents. As soon as the police officer spots the crowbar, he arrests Paul for attempted burglary. Comment on this scenario after reading the section on incomplete crimes on pp. 154-55.
- Comment on R. v. Hackett, [2001] Nfdl. P.C. File No. 1300A-1034 and R. v. Vang, [1999] Ont. C.A. C29539, and R. v. Canhoto 91999) Ont. C.A. C24949
- Describe the criminal court system and the process of a criminal trial.
- Under which circumstances is it possible to appeal a judicial decision?
- The Supreme Court of Canada hears which types of cases?
- Describe the court personnel and what role they play.
- Describe the role of the jury.
- Read and discuss R. v. Pietrangelo (2001), 152 C.C.C. (3d) 475 (Ont. C.A.
- What kinds of questions are usually asked? Which types of questions are permitted?
- What does it mean when one party objects to the way questions are asked?
- Discuss R. v. Menard (1996), 29 O.R. (3d) 772 (Ont. c.A.)
- What is a polygraph test?
- What is a voir dire?
- Review the chart on p. 183, “Stages in a Criminal Trial by Jury” Explain.
- Read and know the cases R. v Williams, R. v. Koh, R. v. Oickle, pp. 186-18
- What are the different police forces in Canada and how does their work differ
- Describe in detail how police investigate an offence
- What procedures are usually followed to gather and preserve evidence? Why is preservation of evidence important?
- Comment on R. v. Dhillon (2001), B.C.C.A 555
- What is the difference between arrest and detention?
- . What rights do you have upon arrest or detention?
- . What is search and seizure?
- What kinds of searches are there? Conditions?
- How would you interpret the phrase: “My home is my castle?”
- Read and comment: R. v. Golden, [2001] S.C.C. 83
- What is the purpose of pre-trial release? Why is it done? What needs to be shown?
- Read and comment on R. v. Morales, R. v. Godoy, R. v. Bero, R. v. Feeney
- What are your views on establishing a national DNA Data Bank.
- What is the difference between summary conviction offences and indictable offences?
- Why have hybrid offences been established?
- How are offences against the person classified?
- Give examples of Motor Vehicle Offences.
- How would Motor Vehicle Offences at the Criminal Code level differ from offences against a Provincial Motor Vehicle Act?
- Classify property offences.
- How are drug offences classified?
- Comment on R. v. Lee, R. v. Pelz, R. v. McSorley
- List and explain possible defences for a person accused of a crime.
- Choose at least two of the cases in this chapter and argue the defence point of view.
- What are the goals of sentencing?
- What does a judge have to take into account when sentencing an accused proven guilty of a charge against him or her?
- Choose one or two of the sentencing options and comment.
- Restorative Justice is the new buzz word. Explain.
- Describe Canada's correctional system both at the Federal and Provincial Level.
- Briefly describe the changes that have occurred in Canada when dealing with young offenders.
- What are some of the key differences between the Young Offenders Act (YOA) and the Youth Criminal Justice Act (YCJA)?
- What are some important legal rights of young people, and how do they differ from rights for adults?
- .Explain the case flow of a youth crime based on the flow chart on p. 319 in your text.
- Why is custody seen as the last resort?
- What other measures are employed to help youth find the right path?
- Read the cases P. v. R, R. v. S (J.), R. v. Stillman and be prepared to comment.
- Debate the issue of bullying, based on your reading of pp. 332-33 and other research