Criminal offences
Chapter 9
Levels of Offences
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1.
There are three levels of crimes in Canada:
Summary Conviction Offences – a
crime that is considered less serious and
carries a lighter penalty. Usually proceed
very quickly through the system and are
tried in Provincial court before a judge
alone. Fine up to $2000 and/or six months
in Prison.
2. Indictable Offences – a crime that is more
serious than a summary conviction offence and
carries a heavier penalty.
- Maximum penalties from 2 years to life in prison.
- Sometimes minimum penalties are imposed, such
as four years for armed robbery where a firearm is
used or life in prison for murder.
- For offences with a maximum penalty of less than
five years, the trial will be heard in Provincial Court
or the Supreme Court before a judge alone.
- For offences with a maximum penalty over five
years, the accused can be tried by judge and jury
or judge alone.
- The most serious indictable offences, such as
murder and treason, must be tried in Supreme
Court.
3. Hybrid Offences – an offence that the
Crown can try either as a summary or
indictable offence.
- The criminal code makes it clear when an
offence is considered hybrid.
- Treated as indictable until charges are laid
in court, then the Crown must decide how
to treat the offence.
- Decision depends on the circumstances of
the case.
Offences Against The Person
► Contained
in Part VIII of the criminal code,
it includes crimes in which the victim is
threatened, injured or killed.
► Violent crime is actually decreasing in
Canada, bit it is of course considered very
serious and therefore carries with it the
stiffest penalties.
► Here are some examples of offences against
the person……………………
Homicide
► Homicide
is the killing of another person,
directly or indirectly.
► It can be culpable homicide, which
means the accused can be held legally
responsible or non-culpable homicide,
death caused by an unforeseeable accident.
► Murder, the intentional killing of another
human being, is a form of culpable
homicide.
The Criminal Code classifies murder into two
categories, first degree and second degree.
► First-degree murder includes a killing that
falls in any one of the following situations:
1. It is planned and deliberate
2. One person hires another to commit murder
3. The victim is a peace officer, prison employee or
other person employed for the preservation and
maintenance of the public peace.
4. The murder is caused while committing or
attempting to commit another serious offence.
Second-degree murder is defined as any murder
that does not fit into one of the four situations
listed under first-degree murder.
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► Both
first and second-degree murder have a
minimum sentence of life imprisonment. The
difference is when they can apply for parole; after
25 years for first degree and usually, after 10 for
second-degree.
► Infanticide, the killing of a newborn infant by the
child’s mother, is also culpable homicide. For the
crime to be considered infanticide, the accused
must be the natural mother of the victim, the
victim must be less than 12 months old and at the
time of the killing the accused must have been
suffering from a mental disturbance caused by not
being able to recover from giving birth to the
victim.
► Maximum penalty is five years.
► Manslaughter
is any culpable homicide that is
not murder or infanticide.
► The Actus Reus of the offence consists of killing
someone through a wrongful act, even if the
killing was not intentional.
► The Mens Rea is that any reasonable person could
have foreseen that the wrongful act would pose a
risk of bodily harm that was neither insignificant or
temporary.
► Can also be criminal negligence causing death, but
not both!
► Sometimes a charge of murder can be reduced to
manslaughter if the accused can show
provocation, words or actions that could cause a
reasonable person to behave irrationally or lose
self control.
► Note that there is no cooling off period!
Assault
Most common form of violent crime in Canada.
Assault comprises any one of the following actions:
Intentionally applying force to another person, either
directly or indirectly, without that person’s consent.
- Attempting or threatening, by act or gesture, to apply force
- Accosting or impeding another person, or begging, while
openly wearing or carrying a weapon or an imitation of a
weapon.
► The criminal code classifies assault according to three
levels of severity:
Level 1 – hybrid offence, carries max. of 5 years. Touching
without consent or threatening a person with violence.
Level 2 – assault with a weapon or causing bodily harm,
injuring a person in a way that has serious consequences
for the victim’s health or comfort.
Level 3 – Aggravated assault, which involves wounding,
maiming, disfiguring or endangering the life of the victim.
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Sexual Assault
Touching of a sexual nature that is not invited or
consensual. It also has three levels:
Level 1 – A hybrid offence, the most common and the one
where the victim suffers the least physical injury. 97% of
all cases of sexual assault. Max penalty of 10 years.
Level 2 – Sexual assault with a weapon, threats to a third
party or causing bodily harm. Basically involves weapons,
threats or physical injury. Max. sentence of 14 years.
Level 3 – Aggravated sexual assault, which involves
wounding, maiming, disfiguring or endangering the life of
the victim.
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Motor Vehicle Offences
Dangerous operation of a motor vehicle
The crown must prove that the safety and lives of others were endangered
because the driver failed to exercise the same care a prudent driver would
have exercised under the same conditions.
This is a hybrid offence.
Failure to stop at the scene of an accident
Any one involved in an accident who doesn’t stop, offer assistance and give their
name and address, is presumed to show intent to escape civil or criminal
liability. Commonly known as “hit and run”, it is a hybrid offence.
Impaired driving
It is an offence to operate a motor vehicle while the amount of alcohol in the
bloodstream exceeds 80 milligrams in 100 milliliters of blood or .08
Police can demand that anyone, who they have reasonable grounds to believe is
operating or has operated a motor vehicle, take a breathalyzer test. A blood
sample can be given in place of a breath sample. Refusing to provide a breath
sample is an offence.
This is a hybrid offence.
Offences Against Property
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Theft – taking property permanently or temporarily,
without the owner’s permission.
The item must be taken without color of right, that is, the
honest belief that a person owns or has permission to use
the article in question. You can also commit theft by
conversion, such as keeping money mistakenly deposited
into your account.
Robbery is theft with the use or threat of violence.
Breaking and Entering – breaking or opening something in
order to enter the premises without permission with the
intent to commit an indictable offence. Punishable by up to
life in prison if the B and E took place in a dwelling house.
Other Offences
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Mischief – willfully destroying or damaging property or data, interfering
with the lawful use of property or data, or interfering with any person
in the lawful use of data or property. Ie. Vandalism. Hybrid offence!
Public Mischief – providing false information that causes the police to
start or continue an investigation without cause. Ie. Falsely reporting a
stolen car.
Fraud – intentionally deceiving someone in order to cause a loss of
property, money or service.
Prostitution – the act of engaging in sexual services for money.
Actually, it is not illegal in Canada, but soliciting is, communicating for
the purpose of prostitution, in a place open to public view. Keeping a
“bawdy house”, a place kept, occupied or used by a person for the
purpose of prostitution or the practice of indecent acts.
Gambling – not a criminal offence itself, but keeping a “disorderly
house” is, a common bawdy, betting or gaming house.
Drug Offences
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Listed under the “Controlled Drugs and Substances Act”
Possession – knowledge and control. A person must know
what the item is and have some measure of control over it.
They may be found in possession even if he or she gave
the item to another person. Finally, you may be found to
be in possession by consenting to its possession by
someone else.
Trafficking – a criminal offence that involves selling, giving,
transporting or distributing a controlled substance or an
authorization for a controlled substance. The crown must
prove that the accused possessed the controlled substance
with the intention of trafficking.
Money Laundering – transferring cash or other property to
conceal its illegal origin.