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Law 12 - Chapter 7

Definitions

  • Colour of Right

    • having permission to use someone’s property, then converting it to your own use

  • Manslaughter

    • murder that wasn’t intended to kill

  • Infanticide

    • a new mother suffering from Postpartum Depression which results in her killing her newborn baby or infant, aged below 2

    • the mother can have a psychiatric testimony to prove she is suffering from mental health issues

  • Euthanization

    • Doctor Assisted Suicide which is now legal after a Supreme Court ruling in 2015

Types of homicide

  • Culpable = blamable/criminal homicide

  • Non-Culpable = subject won’t be held responsible for the crime (ex: self defence)

    • proven by autopsy, eyewitness testimony or physical evidence

Maximum Murder Penalties

  • Manslaughter = 6-14 years depending on the level of injury

  • 1st Degree Murder = 25 years, no parole

  • 2nd Degree Murder = 25 years & parole application after serving 2/3 of original sentence

  • Infanticide = 5 years

Levels of Assault

  1. Assault (lowest)

  2. Assault Causing Bodily Harm

  3. Aggravated Assault (most serious)

Age of Consent

  • Overall = 16 years

  • Close in Age Exception = 14/15 can consent if the age gap is less than 5 years

  • Close in Age Exception = 12/13 can consent if the age gap is less than 2 years

Property Crimes

  • Arson

    • intention to start a fire causing property damage

    • motives can be revenge, insurance payout or attempted murder

  • Breaking & Entering

    • there are different sentences depending on the value of stolen goods

  • Fraud

    • scamming for gain

    • EX: Catfishing

  • Possession of Stolen Goods

  • Identity Theft

    • using someone’s personal identifying information, usually for financial gain

Other crimes

  • Firearms

  • Street Racing

    • can result in crashing into people or others’ property

  • Prostitution

    • consent must be given by both parties

    • the act of paying money makes it illegal

    • 3 parties involved

      • John - person who pays for the prostitute

      • Prostitute - person performing acts for money

        1. Survival sex trade worker; working on the streets

        2. Massage parlours; work underground through small companies

        3. Higher End Escorts - people working on their own

      • Pimp - forces women to work for them through physical abuse, drug addiction or threats

  • Obscenity

    • Words, images or actions which are offensive to public morality

    • EX: restrictions/labels on music with constant swearing

  • Terrorism

    • Unlawful use of force or violence to further political or social objectives

  • Criminal Harassment

    • Pursuit of repeated communication with an unwilling victim

  • Trafficking & Distribution

    • this is specifically selling drugs or medications which are prescribed to you

  • Abduction

    • kidnapping of a child from their custodial parent

Driving Offences

  • Criminal Code of Canada

    • Reckless driving

    • Vehicular Manslaughter

    • Driving under the influence

  • Motor Vehicle Act

    • Speeding

      • $138 -$483 fine

      • 3 points on license

    • Taking red lights

2 categories of consequences based on driving offence

  • Criminal Code of Canada

    • Can face jail time

  • Motor Vehicle Act

    • Vehicle impounded

    • Pay fines

    • License suspended

Notes

  • Young offenders with a violent past can be tried as an adult offender

  • Your record isn’t cleared as a young offender until 1 year after your 18th birthday

    • Sexual assaults stay on your record permanently

  • The Crown must prove Actus Reus, Mens Rea, Premeditation & Culpability

H

Law 12 - Chapter 7

Definitions

  • Colour of Right

    • having permission to use someone’s property, then converting it to your own use

  • Manslaughter

    • murder that wasn’t intended to kill

  • Infanticide

    • a new mother suffering from Postpartum Depression which results in her killing her newborn baby or infant, aged below 2

    • the mother can have a psychiatric testimony to prove she is suffering from mental health issues

  • Euthanization

    • Doctor Assisted Suicide which is now legal after a Supreme Court ruling in 2015

Types of homicide

  • Culpable = blamable/criminal homicide

  • Non-Culpable = subject won’t be held responsible for the crime (ex: self defence)

    • proven by autopsy, eyewitness testimony or physical evidence

Maximum Murder Penalties

  • Manslaughter = 6-14 years depending on the level of injury

  • 1st Degree Murder = 25 years, no parole

  • 2nd Degree Murder = 25 years & parole application after serving 2/3 of original sentence

  • Infanticide = 5 years

Levels of Assault

  1. Assault (lowest)

  2. Assault Causing Bodily Harm

  3. Aggravated Assault (most serious)

Age of Consent

  • Overall = 16 years

  • Close in Age Exception = 14/15 can consent if the age gap is less than 5 years

  • Close in Age Exception = 12/13 can consent if the age gap is less than 2 years

Property Crimes

  • Arson

    • intention to start a fire causing property damage

    • motives can be revenge, insurance payout or attempted murder

  • Breaking & Entering

    • there are different sentences depending on the value of stolen goods

  • Fraud

    • scamming for gain

    • EX: Catfishing

  • Possession of Stolen Goods

  • Identity Theft

    • using someone’s personal identifying information, usually for financial gain

Other crimes

  • Firearms

  • Street Racing

    • can result in crashing into people or others’ property

  • Prostitution

    • consent must be given by both parties

    • the act of paying money makes it illegal

    • 3 parties involved

      • John - person who pays for the prostitute

      • Prostitute - person performing acts for money

        1. Survival sex trade worker; working on the streets

        2. Massage parlours; work underground through small companies

        3. Higher End Escorts - people working on their own

      • Pimp - forces women to work for them through physical abuse, drug addiction or threats

  • Obscenity

    • Words, images or actions which are offensive to public morality

    • EX: restrictions/labels on music with constant swearing

  • Terrorism

    • Unlawful use of force or violence to further political or social objectives

  • Criminal Harassment

    • Pursuit of repeated communication with an unwilling victim

  • Trafficking & Distribution

    • this is specifically selling drugs or medications which are prescribed to you

  • Abduction

    • kidnapping of a child from their custodial parent

Driving Offences

  • Criminal Code of Canada

    • Reckless driving

    • Vehicular Manslaughter

    • Driving under the influence

  • Motor Vehicle Act

    • Speeding

      • $138 -$483 fine

      • 3 points on license

    • Taking red lights

2 categories of consequences based on driving offence

  • Criminal Code of Canada

    • Can face jail time

  • Motor Vehicle Act

    • Vehicle impounded

    • Pay fines

    • License suspended

Notes

  • Young offenders with a violent past can be tried as an adult offender

  • Your record isn’t cleared as a young offender until 1 year after your 18th birthday

    • Sexual assaults stay on your record permanently

  • The Crown must prove Actus Reus, Mens Rea, Premeditation & Culpability