Criminal Law


Last updated : 22/01/01

CRIMINAL LAW
Section C
Professor Jamie Cameron

Fall 2000

Materials:

Cameron, Criminal Law casebook, 2 volumes

Pocket Criminal Code, 2000 [Toronto: Carswell, 2000]

D.Paciocco, Getting Away With Murder [Toronto: Irwin Law, 1999]

Recommended:

K. Roach, Criminal Law [Toronto: Irwin Law, 2^nd ed. 2000]

Classes:

Monday, 10:40-12:30, Room 104

Tuesday, 1:40-2:30, Room 104

Small Groups:

Wednesday, 9:30-10:20, Group 1, Room 203A

Wednesday, 10:40-11:30, Group 2, Room 203A

Wednesday, 11:40-12:30, Group 3, Room 203A

Office :

Fourth floor: #425

Telephone: #(416) 736-5033

Fax: #(416) 736-5736

e-mail: jcameron@yorku.ca (Note: questions about the course will not be answered
by e-mail - raise those questions either in or after class and by office appointment).

Secretary/adminstrative assistant: (TBA); 4^th floor near Room #431; (416)736-2100 x 40825

Office hours: Monday, 2:00-3:00p.m.; Tuesday, 2:40-4:00p.m., or by appointment

Course website: http://osgoode.yorku.ca/jamiecameron

Section C=s Criminal Law course will be conducted in two parts: lecture periods for the entire group, which fall twice a week, and small group sessions which will represent a 1 hour commitment of the weekly 4 hour block for this course. Despite the change in size, the basic teaching method will be the same in both types of classes. The emphasis throughout will be on discussion, and students will be expected and asked to take part both in lecture and small group sessions.

The small group sessions will overlap the materials covered in the lectures, with some sessions dedicated to the discussion of major cases or issues in the casebook materials, and others to chapters assigned for Getting Away With Murder.

The objectives of the Fall 2000, Criminal Law course are essentially three-fold: the first is to provide survey coverage of the main doctrinal elements of the substantive criminal law (i.e., actus reus [the commission of an offence]; mens rea [the fault element]; and defences [justifications and excuses that may exempt an accused from criminal responsibility). The second, which is methodological in nature, focuses attention on techniques of legal analysis. The third invites critical discussion and debate on broader questions of criminal responsibility - its underlaying assumptions and rationales; the tension between law enforcement and Adue process@ values; and the effectiveness of legitimacy of the criminal jurisprudence that is presented over the course of the fall semester.

Evaluation:

The grade for this course will be based on the final examination that is set for December 14^th. There are two important qualifications to the 100% final. The first is that one third of the section will be assigned to sit a mid-term examination in Criminal Law, which for all first year students will be held on Monday, October 23^rd. For those writing the Criminal Law mid-term your grade may be calculated on the bases of 75% for the final and 25% for the mid-term, but only where the mid-term result is better that the score on the final exam. In other words, a lower mid-term result will not count where the final exam score is higher. The theory of this is no down-side risk.

The second qualification to the grade being based entirely on the final examination is that class participation can affect the grade too, in this way. Participation and attendance will be considered either Satisfactory of Unsatisfactory. Where performance is Asatisfactory@, the final grade will be the same as the examination grade; i.e., a AB@. Where performance is unsatisfactory, however, the final grade will be one step lower that the examination grade; i.e., a AB@ on the exam along with AUnsatisfactory@ on participation/attendance will result in a AC+@.

Attendance will be taken in the small group sessions and participation will likewise be noted. Where applicable, the final and mid-term scores will be integrated to produce a final grade before any adjustment is made for attendance and participation.

NOTE: * indicates decisions of particular importance

Orientation

Introduction to the Pocket Criminal Code

Two case studies: Latimer and Ewanchuk

Vol. 1, Chapter I 1-27

Sources of law, I 28-34

* Frey v. Fedoruk

Basic principles of criminal law

The presumption of innocence:

** Woolmington v. DPP; R v. Oakes, CB I 35-51

Reasonable doubt, CB I 52-58

Vagueness, CB I 59-64

Paciocco, Chapter 8, Presumed Innocent

Note: Criminal Law on Tuesday, September 19^th instead of Contracts - i.e., 5 hours of full class sessions

General principles, CB Chapter II 1-35

* R. v. Hutt

* R. v. Lohnes

* R. v. Davis

Omissions, CB II 35-54

Causation, CB II 62-80

* R v. Smithers

Paciocco, Chapter 5, Defining Crime

Note: Criminal Law on September 25 is cancelled

Lecture: Homicide

No specific agenda: follow-up and catch-up

Consent, CB II 96-135

* R. v. Jobidon

Discussion of Jobidon, Cuerrier and hockey violence [Marty McSorley]

Note: No class on October 9, Thanksgiving holiday

Voluntariness, CB II 140-42 & 149-61

* R. v. Rabey

Paciocco, Chapter 15, Disordered Minds

Note: this Thursday is deemed a Monday

Chapter 4, CB Vol 2, IV 1-19

* R. v. Parks, CB Vol 1, II 162-70

* R. v. Stone, CB Vol 1, II 174-88

The Mens Rea, CB Vol 2 Chapter III 1-17

* R. v. Sault Ste. Marie

Preparation for midterm examination

Note: Criminal Law midterm on Monday, October 23

Subjective mens rea, CB III 18-43

Objective mens rea, CB III 44-71

Discussion: R. v. Tutton, III 76-84

Wrap-up on ADegrees of mens rea@

CB III 91-110

Introduction to the constitutionalization of mens rea: *R. v. Vaillancourt

CB III 121-61

* R. v. Martineau

Mistake of fact, CB III 162-180 and 196-206

* R. v. Pappajohn

Midterm follow-up

Finish Mistake of fact

Introduction to Defences

Necessity, CB V 1-25

* R. v. Perka

Paciocco, Chapter 11, Forgiving Human Weakness

Duress, self-defence and provocation, CB V 26-72

* R. v. Hibbert

Paciocco, Chapters 12, 13 or 14 [to be divided among students]

Intoxication, CB V 73-101

* R. v. Daviault

Discussion of Daviault and review of Paciocco, Chapter 15 [read earlier]

Review and exam preparation

*****

Final examination: December 14, 2000