SOLUTIONS VERIFIED LATEST UPDATE
What is Criminal Law's purpose?
Considers violations of legislation
State taking action against someone who is alleged to have violate what society has
determined to be unacceptable
How do you change the CC?
The parliamentary process
(house of commons)
What are the elements to any offence?
Actus reus
and
Mens rea
Parts of the CC
Organized by theme
Crimes against persons
Crimes against property
Crimes against society
Sections of the CC
,The law
Sections 1,2,3, > subsections (1,2,3) > clauses (a,b,c) > subclauses (I,ii,iii)
General, create offences, punishments, defences, and processes
Commentary (ACC)
Follows sections
Explains and discusses the law
ex. outlines the mens and actus reus and potential issues
Case Law (ACC)
Relevant cases to the section at hand
Adresses any issues and clarifies
Creates legal precedent
Relevant Provisions (ACC)
Exceptions to rules
Other relevant sections or statues that provide context
Evidentiary Issue
An issue during a case based on a lack of evidence
Legal Issue
An issue during a case based on lack of legal grounds
Questioning if the law is actually violated
R v Brooks (ruling)
MB says he should not be responsible because he could not have forseen the injuries
MB charged with assault caused bodily harm
, MB appeals
Appeal is dismissed (MB is still guilty)
R v Brooks (incident)
JM in motorhome, MB in jeep
JM slows to cross railway tracks, MB passes him
JM changes headlights to lowbeams as he passes, then back to highbeams after MB is
far away
MB stopped, JM slowly passed using the opposite lane
MB drove at the same speed as JM, refusing to let JM into the correct lane
MB stopped on the painted meridian, blocking JM
MB physically pulled JM out of the vehicle
3rd car hit both MB and JM
Both injured, JM more seriously injured
What is the role of police in law?
Peace keep
Investigate
Lay charges
Judge vs Judge + Jury?
Judge alone:
trier of law and fact
Judge + jury: