Unit 3CRIMINAL LAW – DAY 3

TEAM ACTIVITY- What is the Mens Rea?

CASE 1

Jane was shopping in downtown Toronto when two members of rival gangs started shooting at each other. Jane was accidentally killed in the crossfire

CASE 2

Bob comes up behind Karen and startles her. She has a stick in her hand which accidentally hits Bob in the eye, blinding him.

CASE 3

Sandra is bathing her toddler when the phone rings. Her child is propped up in a bathtub seat so she runs to answer the phone. Her child drowns while she’s answering the phone.

TEAM ACTIVITY- What is the Mens Rea?

CASE 4

Lee is driving home one night after work and hits a child who ran out from her yard to get a ball. She is seriously injured.

CASE 5

Jim plans to break into his neighbour’s house one night. He dress in black, grabs a flashlight, and break-in instruments. A neighbour sees Jim approach the house and calls the police. They arrive just before Jim breaks the window.

Collaboration In-Class Assignment:

• In your group, refer to pg. 4 of the Introduction to Criminal Law Handout

• Using your knowledge of actus reus and mens rea, answer questions #1-7 and state whether you think the persons would be guilty of committing an offence.

• NOTE – EXPLAIN YOUR ANSWERS!

Who can be charged when a crime is committed?

• PRINCIPAL OFFENDER

• AIDER or ABETTOR

• COUNSELLOR

• ACCESSORY AFTER THE FACT

Parties to an Offence

Principal Offender◦ Person who commits actus reus; has the most active role

Aiding◦ Supporting or encouraging the crime◦ Aider: not always present, the “look out”/getaway car, leaving door unlocked to

permit entry, or physically assists

Abetting

Abettor: person is present helping or encouraging principal offender in commission of crime

Parties to an OffenceCounselling

◦ Counsellor : advises principal offender on how to commit crime

Accessory After the Fact◦ You cannot aid an offender after he has committed a crime

by providing food, shelter, money, transportation or refusing to help police or refusing to tell whereabouts of accused◦ EXCEPTION: Spouses (considered “one”)◦ NOTE: parents cannot help children◦ Punishment is reduced unless charge is murder

*Parties to an offence

Canadian Case: November 26, 2011; Toronto, ON Bystanders cheered as a verbal argument between victim, and 3 young women escalated

Victim suffered serious, but not life-threatening injuries. A woman passing by came to the woman’s aid as the beating ended.

Video of attack received media attention after it was posted on the site World Star Hip Hop.

Teen girl beaten - videotaped

Reena Virk Case (1997)

Virk was a 14-year-old who was lured to a "party" near a bridge in B.C.

At the bridge, the teenagers drank alcohol and smoked marijuana.

One of the girls stubbed out a cigarette on Virk's forehead, which started the fight

Virk was swarmed and repeatedly hit, punched and kicked by 8 teenagers, 7 girls and 1 boy.

She had several cigarette burns on her skin, and attempts were made to set her hair on fire.

Reena Virk Case continued This first beating ended when one of the girls told the others to stop.

Virk managed to walk away, but was followed by two members of the original group, Ellard and Glowatski.

They dragged her to the other side of the bridge, made her remove her shoes and jacket, and beat her a second time.

Ellard forced Virk's head under the water and held it there with her foot until Virk stopped struggling.

Her body was found 8 days later

The coroner ruled the death was by drowning.

An autopsy revealed that Virk had multiple injuries including a broken back and fractured skull and that her head injuries were severe enough to have killed her if she had not been drowned.

Kelly Ellard

Helped beat her and dragged her back for a second beating, smashed her head against a tree and knocked her out and held her head underwater

Warren Glowatski

Helped beat her, kicked her twice in the head and dragged her back for a second beating

3 girls pleaded guilty to assault causing bodily hard

Nicole Cook

Started the fight by taking a cigarette and stubbing it out on Reena’s face. Helped punch & kick her

3 girls were convicted of assault causing bodily harm

The Parties

The Motive

Virk stole a phone book from Nicole Cook and started calling Cook's friends and spreading rumors about her.

Another girl, M.G.P, was allegedly angry with Virk for stealing her boyfriend.

Virk once lived with the two girls in a youth group home. It is suggested she may have done those things in order to assert herself as "tough."

The Punishments

Six girls received sentences ranging from 60 days conditional to 1 year imprisonment

Warren Glowatski, who was 17 at the time, was convicted of second-degree murder and sentenced to life in prison with no chance of parole for 7 years. He was given full parole in June 2010.

Kelly Ellard, who was 15 at the time, stood trial three times & was convicted of second-degree murder and sentenced to life in prison with no chance of parole for at least seven years.

Who can be charged for this crime?

• In your group, refer to pg. 6 of the Introduction to Criminal Law Handout

• Using your knowledge of parties to an offence, answer the 5 questions on the handout to indicate:• Who is the aider and abettor?• Who is the counsellor?• Who is an accessory after the fact?• Charges for Pete/Suzette’s involvement?

• NOTE – EXPLAIN YOUR ANSWERS!

Canada’s Criminal Court System

Ontario Court of Appeal

Superior Court of Justice

Ontario Court of Justice

Federal Court

There is a chief justice, associate chief justice & 22 other judges Function: - does not conduct trials; it rules on the correctness of judgments of trials done in the Superior Court of JusticeUsually 3 judges listen to each appeal

There is a chief justice, an associate chief justice and 265 other judgesDeals with: Civil and serious criminal cases and all jury trials.Divisional Court (eg. school boards, police commissions)Family Court (eg. divorce, separation, child custody)Small Claims Court (under $25000)Trials Court (criminal trials by judge or judge and jury)Motions Court (eg. injunctions)

There is a chief justice, an associate chief justice and 250 judgesDeals with criminal and some family trials

consists of a Chief Justice and 32 other judges Deals with: Legal disputes in the federal domainCivil suits in federally-regulated areas

Supreme Court of Canada

Highest appeal court in Canada

Supreme Court of Canada

•Located in Ottawa

•Is the highest court in Canada

Justices of the Supreme Court of Canada

•9 Justices sit on

the SCC

•3 are from Quebec

•Chief Justice is Beverly McLachlin

The SCC Courtroom