Criminal Liability Answer Structure

ISSUE

A. DISCUSS the possible criminal liability for ANY of the parties in the fact pattern. If the question asks you to advise some

parties (identify who they are; bear that in mind as you answer the question).

1. Identify anyone in the fact pattern who may be liable for a criminal offence.

RULE(S)

2. Identify the type of crime(s) (Summary/Indictable/Hybrid)

3. Specify where in the CC eg. s265 Assault - summarize it; include the punishment.

4. Purposive rather than strict construction in interpreting the statute - R v Pare 1987 .

5. Identify which sub section the crime relates to eg s265(a) (b) etc.

6. Elements of the crime. Take the requirements for each possible offence at a time.

NOTE: There are no common law crimes, but there are common law defences eg. officially induced error – Levis (City) v

Tetrault and R v Mack (entrapment).

ANALYSIS

7. Discuss the criminal liability of each individual; then move to the next. Take each offence one at a time. Start

with the most serious and work your way down.

i. Actus Reus: statutory conditions; must be willed; act of ‘possession’; consent as an element of the

actus reus; omissions.

ii. Mens Rea: subjective - knowledge; willful blindness, recklessness. objective mens rea and true crimes.

iii. Both AR & MR MUST be met otherwise there is no crime – R v Williams 2003 .

iv. Causation: Factual & Legal Causation (both must be proven otherwise no conviction – R v Nette 2001.

8. Discuss any possible defences available to the parties.

9. Decide where most of the liability lies – some parties may have committed more crimes than others.

CONCLUSION

10. Answer the question ie. X will be held liable for x; is likely to be found guilty of x and face 10 yrs prison sx CC.

11. Conclude after each sub section and do an overall conclusion if appropriate.

12. Do one conclusion after the analysis.