CRIMINAL OFFENCE CLASSIFICATION
It is important to know how to classify an offence because it determines:
a)
b)
c)
d)
CLASSIFICATION OF CRIMES
1. SUMMARY CONVICTION OFFENCES
2. INDICTABLE OFFENCES
3. _________________________________________
1. SUMMARY CONVICTION OFFENCES
 ______________________________________________________________________________
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 Includes all provincial offences (i.e. Traffic violations)
 Penalties range from small fines to imprisonment
 Maximum penalty is $2000 fine and/or 6 months in prison
 Charges must be filed within 6 months of the offence
 Examples: ___________________________________________________________________
 Here are some information that you should know if you charged with committing
a summary offence:
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Alternative measures can be considered for less serious summary offences.
Trials are held before a judge in the Provincial Court
Police cannot take your fingerprints
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2. INDICTABLE OFFENCES
 _______________________________________________________________________
 The Crown proceeds by indictment (press charges)
 Severe penalties are imposed at the discretion of the trial judge, based on the
Criminal Code
 Some crimes have a minimum penalty that must be adhered to
 There is no statute of limitations (time limit in which to take action) for indictable
offences
 Examples: ______________________________________________________________
 Here are some information you should know if you are charged with an
indictable offence:
o Depending on the offence, you could receive a penalty as high as life in
a correctional centre.
 ______________________________________________________________________________
______________________________________________________________________________
 Some trials are held only in specific courts. For instance, trials for some indictable
offences are always held in Provincial Court. For these offences, you do not
have a choice. For other indictable offences, such as first-degree murder, you
must have a trial with a Superior Court judge and jury.
3. HYBRID OFFENCES (DUAL PROCEDURE OFFENCES)
 ______________________________________________________________________________
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 The Crown decides how to proceed – either by indictment or summarily
 Hybrid offences are always treated as indictable until the Crown formally
decides, or elects to proceed summarily
 First time offences are usually treated as summary conviction offences,
depending on the nature of the crime
 Example: ___________________________________________________________
PARTIES TO AN OFFFENCE – WHO IS INVOLVED IN A CRIME?
1. THE PERPETRATOR
The person who actually commits the offence;
If there is more than one – "co-perpetrators";
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Those people who are indirectly involved in committing a crime because they have
somehow assisted the perpetrator in committing the offence are also considered
“parties to an offence”. They include:
AIDING: ____________________________________________________
You do not have to be present when the offence is committed to be found guilty
of aiding.
ABETTING: _____________________________________________________________________
You must be aware that a criminal action was intended and must have committed
some action that assisted the perp.
Two things must be proven to be convicted for aiding and abetting:
The accused knew there was intent to commit a crime
The accused aided and abetted the other
*Mere presence at the scene is not evidence of aiding and abetting – it must be
accompanied by other