Class 2
- Crime is a conduct that is prohibited by the criminal code or other statute.
Criminal law
Provincial courts
- 95-98% cases are dealt within the manitoba provincial court
- 40-45 judges in manitoba provincial court
- Live evidence called and heard
- Wear suits
- Judges - “Your owner”
- 18 months
Provincial superior courts
- Queen’s bench - one judge, most serious offences (murder cases)
- Jury trials happen in queen's bench
- 30 judges
- Superior court judges are appointed by the federal
- Provincial court judges are appointed by the provincial
- Court robes
- Judges - male - “my lord” female - “my lady”
- 30 months
Provincial court of appeal
- HIghest court in Manitoba
- 3 judges sit together, if there is any case, majority rules
- Court of review
- When somebody appeals
- Given transcripts from the previous courts
- REal live evidence is not called in but accused is always present
- 12 judges
- Court robes
- Judges - male - “my lord” female - “my lady”
-
Supreme court of canada (Ottawa)
- 9 judges, and they all sit on every case
- Highest level of court in canada
- It's like a appeal court
- Rarely allow evidence or witness, accused is present and dont talk
, - Video taped and broadcast live
- Issue written reasons, makes the final decision
- Court robes
- Judges - male - “my lord” female - “my lady”
- wear robes - appear to the court is equal
Chief justice of the SSC
- Justice Richard Wagner, from quebec
If the defense lawyer was told by the client that he is guilty but the accused is giving statements
to the police against somebody else, then the defense can’t testify in the court regarding who is
guilty by the accused.
IRAC
Section 217
- Example =
Brown case
- Accused was brown, fellow drugdealer ‘g’
- No drugs were found
- G swallowed a plastic bag full of cocaine, and unsuccessfully tried to throw up and was
sick
- The accused said he would call the ambulance for G, but disregarded
- When the ambulance came and G dies, the accused was charged for disregarding what he
said and was charged but was later acquitted
Section 215
Naglic case
- Their kid was in visible medical needs, they neglected it and were too late
- Got charged
219 criminal negligence
- Bodily harm, manslaughter
, Factual causation
- Accused actions whether it contributed to the injuries and the death
- But for test
- The victim had wouldn’t died but for the defendant's actions
- But for - if it weren’t for
- Established through testimony, reports and evidence.
Smithers 1978
- During a hockey game, the accused was subjected to racial insult by the victim and the
team.
- Heated arguments, and they both got kicked out of the game
- Accused attacked him, victim dies
- Victim had a defective epiglottis, accused argued that the kick didn’t kill him
- Contributing cause of death, kick, outside the de minimis range.
Thin skull rule
- Takes the victim as they find them
- You commit an act and that caused an act such as a medical condition that you weren’t
aware of, it is still your fault.
R v nette
- Outside the de minimis range = significant contribution cause of the victim’s injury or
death.
- 95 year old widowed was robbed by nette, and he tied her legs and arms
- Left her alive, after 48 hours she died from asphyxiation
- Found guilty, factual causation concerns how the victim came to death by any act and the
legal causation concerns the accused’s responsibility in law and is informed by legal
considerations such as the wording of the offense and principles of interpretation.
Nette test - includes all cases upto second degree murder (any assualt) execpt for first degree
murder.
Is the test different for first degree murder?
, Yes
- First degree murder is a planned crime, before commiting it.
- First degree murder, it wan’t planned, accuses are police, warden etc.
- 231(5) more first degree murders.
- Substantial contributing cause.
Harbottle case
- Substantial contributing cause = an essential, substantial and integral part of the killing
the victim.
Legal causation
- No intervening act or event, then the proving causation is very simple
- More complicated if there is another event or act also contributes to the victim's injury or
death
- Reasonably foreseeable intervening acts (leaving someone dying on the road)
Section 224
- If the victim is on the verge of dying and require a blood transfusion, which they refuse to
any religious or other reason
- The accused would still be convicted of their death.
Hallet
- Accused attacked the victim and left him at the beach, and the tide rose and the victim
drowned and died.
- Reasonably foreseeable act.
Independent intervening act
- Create new causal chains
- The accused actions weren’t the significant contributing cause.
Parties to an offense
- Helping the principle offender
Section 21 - aiding and abetting
- Aiding = helping or looking out for the offender
- Abetting = encouraging (hit him, get him), basically motivating the principal offender
You need to do something to be convicted, just being there is not sufficient
- Crime is a conduct that is prohibited by the criminal code or other statute.
Criminal law
Provincial courts
- 95-98% cases are dealt within the manitoba provincial court
- 40-45 judges in manitoba provincial court
- Live evidence called and heard
- Wear suits
- Judges - “Your owner”
- 18 months
Provincial superior courts
- Queen’s bench - one judge, most serious offences (murder cases)
- Jury trials happen in queen's bench
- 30 judges
- Superior court judges are appointed by the federal
- Provincial court judges are appointed by the provincial
- Court robes
- Judges - male - “my lord” female - “my lady”
- 30 months
Provincial court of appeal
- HIghest court in Manitoba
- 3 judges sit together, if there is any case, majority rules
- Court of review
- When somebody appeals
- Given transcripts from the previous courts
- REal live evidence is not called in but accused is always present
- 12 judges
- Court robes
- Judges - male - “my lord” female - “my lady”
-
Supreme court of canada (Ottawa)
- 9 judges, and they all sit on every case
- Highest level of court in canada
- It's like a appeal court
- Rarely allow evidence or witness, accused is present and dont talk
, - Video taped and broadcast live
- Issue written reasons, makes the final decision
- Court robes
- Judges - male - “my lord” female - “my lady”
- wear robes - appear to the court is equal
Chief justice of the SSC
- Justice Richard Wagner, from quebec
If the defense lawyer was told by the client that he is guilty but the accused is giving statements
to the police against somebody else, then the defense can’t testify in the court regarding who is
guilty by the accused.
IRAC
Section 217
- Example =
Brown case
- Accused was brown, fellow drugdealer ‘g’
- No drugs were found
- G swallowed a plastic bag full of cocaine, and unsuccessfully tried to throw up and was
sick
- The accused said he would call the ambulance for G, but disregarded
- When the ambulance came and G dies, the accused was charged for disregarding what he
said and was charged but was later acquitted
Section 215
Naglic case
- Their kid was in visible medical needs, they neglected it and were too late
- Got charged
219 criminal negligence
- Bodily harm, manslaughter
, Factual causation
- Accused actions whether it contributed to the injuries and the death
- But for test
- The victim had wouldn’t died but for the defendant's actions
- But for - if it weren’t for
- Established through testimony, reports and evidence.
Smithers 1978
- During a hockey game, the accused was subjected to racial insult by the victim and the
team.
- Heated arguments, and they both got kicked out of the game
- Accused attacked him, victim dies
- Victim had a defective epiglottis, accused argued that the kick didn’t kill him
- Contributing cause of death, kick, outside the de minimis range.
Thin skull rule
- Takes the victim as they find them
- You commit an act and that caused an act such as a medical condition that you weren’t
aware of, it is still your fault.
R v nette
- Outside the de minimis range = significant contribution cause of the victim’s injury or
death.
- 95 year old widowed was robbed by nette, and he tied her legs and arms
- Left her alive, after 48 hours she died from asphyxiation
- Found guilty, factual causation concerns how the victim came to death by any act and the
legal causation concerns the accused’s responsibility in law and is informed by legal
considerations such as the wording of the offense and principles of interpretation.
Nette test - includes all cases upto second degree murder (any assualt) execpt for first degree
murder.
Is the test different for first degree murder?
, Yes
- First degree murder is a planned crime, before commiting it.
- First degree murder, it wan’t planned, accuses are police, warden etc.
- 231(5) more first degree murders.
- Substantial contributing cause.
Harbottle case
- Substantial contributing cause = an essential, substantial and integral part of the killing
the victim.
Legal causation
- No intervening act or event, then the proving causation is very simple
- More complicated if there is another event or act also contributes to the victim's injury or
death
- Reasonably foreseeable intervening acts (leaving someone dying on the road)
Section 224
- If the victim is on the verge of dying and require a blood transfusion, which they refuse to
any religious or other reason
- The accused would still be convicted of their death.
Hallet
- Accused attacked the victim and left him at the beach, and the tide rose and the victim
drowned and died.
- Reasonably foreseeable act.
Independent intervening act
- Create new causal chains
- The accused actions weren’t the significant contributing cause.
Parties to an offense
- Helping the principle offender
Section 21 - aiding and abetting
- Aiding = helping or looking out for the offender
- Abetting = encouraging (hit him, get him), basically motivating the principal offender
You need to do something to be convicted, just being there is not sufficient
