Criminal Law Paper Assignment: Case Analysis

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Skate Park Drug Death

On the night of August 7, 2019, 14-year-old Langley teen Carson Crimeni was found in a state of severe medical distress in Walnut Grove Community Park. His Father, Aron Crimeni and grandfather Darrel had been out looking for him after he failed to make it home at 7:30 pm which was his arranged curfew. He was pronounced dead upon arrival to the hospital with no signs of injuries or health problems shown on his autopsy. His father stated that “he was perfectly healthy. They found no cause of death [from the preliminary examination]. He wasn’t choked” (Malaviya & Lafreniere, 2019). However, a blood toxicology test was ordered to determine if the cause of death was perhaps due to overdosing on drugs. Moreover, Aron speculated that his son died “because some bullies wanted to abuse him” (Malaviya & Lafreniere, 2019). Carson was diagnosed with ADHD, otherwise known as Attention Deficit Hyperactivity Disorder, which may have been the root cause of why he might have been getting abused by his fellow peers. Furthermore, his last moments were taped and posted on social media. The video showed the victim struggling to move or speak while others laughed around him. Everyone around him appeared to be laughing and making fun of him. After all, Carson was found in a concrete ditch, a few hundred feet from home behind the Walnut Grove Community Park behind the school. Based on my knowledge of criminal law to date, I would advise the police that the individuals involved should be charged with s. 222(4) of the Criminal Code which states that “culpable homicide is murder or manslaughter or infanticide” (Henein, 2019). Carson’s peers pressured him to ingest drugs in the video taken with the knowledge that this would likely lead to death. Carson was obviously struggling now, yet bystanders continued to laugh and make fun of him while “encouraging Carson to consume pills” (Malaviya & Lafreniere, 2019). This did eventually cause him to overdose and pass away. Vancouver criminal lawyer Kyla Lee have also stated that “[she] see[s] people who are exposing themselves to charges of criminal negligence causing death” (Lee as cited in Malaviya & Lafreniere, 2019). While Carson was being drugged, the group of people surrounding him failed to contact the police, henceforth violating section 4(1) from the Controlled Drugs and Substances Act. This section states that “for the purpose of this section, ‘medical emergency’ means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance” (Henein, 2019). Furthermore, s.224 of the Criminal Code states that “where a person, by an act or omission, does anything that results in the death of a human being, he causes the death of that human being notwithstanding that death from that cause might have been prevented by resorting to proper means” (Henein, 2019). If Carson had any intentions of taking the drugs himself, I would still advise to charge the individuals involved with the same charges because at that moment, they are responsible for Carson who clearly is not fit to take responsibility for his own self. At that moment, it is their duty as fellow citizens to contact any official, may it be medical or law enforcement, who may help Carson in this situation and possibly prevent his death. The individual action of failing to get any help is an example of criminal negligence causing manslaughter. They are responsible for his death in every angle.

Teenage Boys Charged Manslaughter

Two teen boys have been charged with manslaughter concerning Winnipeg’s 31st homicide of the year victim, Neilson Catcheway. According to CBC as cited in Malaviya & Lafreniere (2019), “the 40-year-old man was robbed and beaten before falling from the train overpass onto Main Street.” Aside from that, he was also hit by a passing vehicle when he fell from the overpass. Catcheway was pronounced dead upon arrival though the efforts of the police and paramedics. As of now, the investigation is in its early stages. The police are working hard to solve the case and possibly uncover the driver’s identity. Constable. Rob Carver stated, “We’re making some progress ourselves in terms of identifying the driver without them coming forward [but] it would just be simpler if they came forward now” (Malaviya & Lafreniere, 2019). Criminal law is properly defined as what you can prove in a court of law and not necessarily the truth. It is important to realize that there was no proof that Neilson Catcheway was pushed off the train overpass. I think the police made the mistake of charging these young teenage boys with manslaughter, instead of robbery found in s. 343(b) of the Criminal Code, which declares that “everyone commits robbery who steals from any person and, at the time he steals or immediately before or immediately thereafter, wounds, beats, strikes or uses any personal violence to that person” (Henein, 2019). With the article, being my foundation of factual evidence, there was no indication that he had been pushed off the edge but that he was rather “robbed and beaten before falling” (Malaviya & Lafreniere, 2019). The driver who struck the 40-year-old victim when he fell onto Main Street may also be at risk of a criminal charge, especially since that person has committed a hit and run. Section 269(b) of the Criminal Code specifies that “every one who unlawfully causes bodily harm to any person is guilty of an offence punishable on summary conviction” (Henein, 2019). Moreover, the driver could be charged on grounds of s. 320.16(1) stating that “everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance” (Henein, 2019). Furthermore, the accident did result in bodily harm and s. 320.16(2) states that “everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person” (Henein, 2019). The driver who struck the victim did not provide any assistance after the accident, contact any medical personnel or the police. The individual failed to stop at the scene of the accident which resulted in more bodily harm to the victim with the intent of perhaps escaping any responsibility or criminal liability.

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Edmonton Fringe Fest Skit Gone Wrong

The Fringe Festival includes a variety of shows that features performers, guests, and a house band. One late-night Cabaret featured an adult-rated performance, “with an online warning about nudity and adult language” (Kindleman, 2019). On one performance, which was formally publicized as “naked nights,” performer Michael Delamont unbuttoned an audience member’s shirt during a song number. The wife of the audience member, Vikki Wiercinski, posted on social media about how there “was zero consent, exposing his bare chest to an audience of 100 or so people” (Kindleman, 2019). In Part VIII of Offences Against the Person of the Criminal Code, s. 273.1 (1.1) states that “consent must be present at the time the sexual activity in question takes place” (Henein, 2019). However, with the apparent #MeToo movement, individuals are forced to think deeply about what consent really means and up to what extent it is required. Samantha Jeffery, an Edmonton-based actor and intimacy coordinator stated that individuals may have known about the idea of “no means no” but “the idea that only ‘yes means yes’ hasn’t been around for as long” (Kindleman, 2019). Moreover, Jeffery explains by stating “as we move forward as a society, our idea of what consent looks like has shifted, changed and is constantly changing” (Jeffery, 2019). In an interview with CBC news, Wiercinski mentioned in an interview that management should be addressed through consent training even if consent was discussion upon before the performances began. She states that “if you know that’s going to happen or if there’s a chance that could happen, then somebody should actually know a more specific technique on how to deal with it” (Wiercinsky, 2019). Using my knowledge of criminal law to date and as stated in one of the lectures, “a reasonable person would think sexual assault can consider the subjective intent of the accused” (Malaviya & Lafreniere, slide 15). While the victim’s sexual integrity was violated, this case of sexual assault is circumstantial in the sense that the mens rea was non-existent. To clarify, the basis of a culpable act are the actus reus and the mens rea. If a crime was to be made out, “the crown would have to prove beyond reasonable doubt that this conduct was accompanied by a certain state of mind” (Verdun-Jones, 23). Michael Delamont spoke to CBC news about this infamous performance and his involvement with Wiercinski’s husband on the issue of consent during his skit. Delamont mentioned his feelings towards the occurrence stating, “I’ve made a career out of making people laugh and making people really happy, and the idea that one of my silly skits caused this much hurt is heartbreaking to me” (Delamont, 2019). Upon realization that the audience member was not amused by his actions during the performance, he realized that he “had not consented to having his shirt unbuttoned” (Kindleman, 2019). This showed the regret he has had because he failed to realize that just because the audience is enthusiastic about a certain skit, does not mean they consent to be a part of it. Regarding sexual assault education in schools, it is apparent that there is a lack of awareness as well as lack of empathy surrounding this topic. As a society, we can certainly change people’s attitudes towards this topic by instilling a mandatory information session on this topic which students need to attend. This provides them the education they need on sexual abuse and consent. This should also be a part of the curriculum for classes such as health and physical education. Furthermore, this should not only be present in high school institutions but post-secondary or even junior high as well. Individuals need to be taught about this topic at a young age in order to teach them that in order to have a safe space, we must all respect each other’s personal wishes on all aspects including sexuality and sexual exploration.

Random Questions

I have come to be really invested in this class. I found that throughout the course, I have learned better through debates where I am able to look at certain cases and situations in different angles. Perhaps to make the course better, I suggest that there be more debates where people can express their perspective of the case whilst learning to generally communicate their thoughts and opinions through with their fellow classmates and professor.

References

  1. Malaviya, Rekha, Lafreniere, Mark. Skate Park Drug Death. Retrieved November 6, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/650167/View
  2. Malaviya, Rekha, Lafreniere, Mark. CBC News. Retrieved October 18, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/650168/View
  3. Kindleman, Tricia. Edmonton Fringe Fest Skit Gone Wrong. Retrieved August 22, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/650169/View
  4. Malaviya, Rekha, Lafreniere, Mark. Lecture 3, Actus Reus. Retrieved September 24, 2019, from https://nexus.uwinnipeg.ca/d2l/le/content/25981/viewContent/633979/View
  5. Henein, Marie. (2019). Martin’s pocket criminal code. Thomson Reuters Canada.
  6. Verdun-Jones, S. N. (2019). Criminal law in Canada: cases, questions, and the code. Toronto: Nelson.

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