Criminal Offences Chapter 9

3 Levels of Offences Summary Conviction Offence Indictable Hybrid

Summary Conviction Offences Minor offences < $2000 fine or < 6 months Tried in Provincial courts No Jury Judge only Charges like public intoxication, trespassing. Does not result in a criminal record

Indictable Offences More serious crimes i.e. murder, perjury Sentences range from two years to life Sometimes has a minimum sentence If penalty is less than five years it is usually held in the provincial court without a jury If more than 5 yrs, then it is held at superior court, with option of a jury

Hybrid Offences These offences are indictable but have an option to be tried as summary conviction. If the person does not have a record, the crown can lower it to a summary offence. Theft under $5000 Sexual assault Impaired Driving

Crimes in Canada Crimes in the Criminal Code are classified under different categories according to the type of offence. Offences against the person and reputation, includes violent crimes in which the victim is threatened, injured, or killed. Across Canada, police reported 291, 000 incidents of violent crime in 1999. This may seem like a lot, but it is worth noting that violent crime declined in Canada between 1993 and 1999 after 15 years of increases.

Offences Against a Person Homicide Contained in Part VIII of the criminal code, it includes crimes in which the victim is threatened, injured or killed. Section 222 – a person commits homicide when directly or indirectly, by any means, causes the death of a human being. Culpable – killing that accused is responsible Non-culpable – accused cannot be held responsible. A death caused by an unforeseeable accident

Culpable Homicide or 1st Degree Murder 4 Qualifications: Section 231(1) Planned and deliberate One person hires another to commit murder The victim is a police officer, prison employee, or other person employed for the preservation of a public place Murder is committed while attempting another serious offence.

Culpable Homicide 2nd Degree Murder Section 231(7) any intentional murder that does not fit into the four scenarios of 1st degree. Mandatory minimum sentence of life imprisonment Only difference is 2nd degree has chance of parole after 10 years 1st degree has no chance of parole until 25 years are served.

Infanticide When a mother kills her newborn child. The killing of a newborn infant by the child’s mother, is also culpable homicide. 3 conditions must be passed The accused must be the child’s natural mother The victim must be less than 12 months 3. 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 Any culpable homicide that does not fit into the definition of 1st, 2nd, 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 assault Level 2 assault with a weapon causing bodily harm Level 3 aggravated assault Fast Fact… 1 in 10 Canadians have a criminal record.

Level 1 Assault Hybrid offence Carries a max of 5 years imprisonment. Intentionally applying force to another person Attempting or threatening by act or gesture Impeding another person, while openly showing a weapon.

Level 2 Assault with a Weapon or Causing Bodily Harm 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. Carries a max of 10 years imprisonment

Level 3 – Aggravated Assault Most violent level of assault Assault which wounds, maims, disfigures or endangers the life of the victim. Max sentence of 14 years.

Sexual Assault Touching of a sexual nature that is not invited or consensual. It also has three levels: Level 1 – most common – Hybrid offense Victim suffers the least physical injury. Defined as assault which violates the victims sexual integrity Usually involves touching of a sexual nature that is not invited or consensual. 97% of all sexual assaults are level 1 assault. Max is 10 years in prison

Level 2 Sexual assault Sexual assault with a weapon, the threat of having a weapon or causing bodily harm. Max sentence of 14 years.

Level 3 Sexual Assault Aggravated sexual Assault – wounding, maiming, disfiguring or endangering life of the victim of a sexual assault. Max life imprisonment

Consent Defence Valid if the accused had an honest and reasonable, even if mistaken, belief that the victim was consenting to sexual contact. Cannot be used when: Victim says “no” by words or physical actions. When the accused is intoxicated and not able to determine if consent has been given. When the accused person was reckless or deliberately blind to the victims responses, or failed to take reasonable steps to find out if the victim was consenting.

Motor Vehicle Offences - Dangerous Operation of a Motor Vehicle Vehicle is anything drawn, driven, or propelled by any means other than muscle. Crown must prove that lives of others were endangered. Driver failed to take the same care that a reasonable person would take. Hybrid offense.

Dangerous Operation of a Motor Vehicle Generally is a hybrid offence punishable up to 5 years. Dangerous operation causing bodily harm is 10 years Death would result in 14 years imprisonment

Failure to Stop at the Scene of Accident S252(2) anyone involved in a motor vehicle accident and does not stop, offer assistance, and give their name and address is presumed to show intent to escape liability. Hybrid offence = up to 5yrs Bodily injury = up to 10 yrs Death = up to life

Impaired Driving Can be proven by erratic driving, slurred speech, inability to walk straight, smell of alcohol, breath/blood tests 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 force someone to take breathalyzer or blood test. Hybrid offence Bodily harm = 10 years Death = life.

THIEFT

Offences Against Property -Theft 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. Sentencing depends on the amount stolen.

Theft Theft Over $5000- When theft is over $5000 it is an indictable offence with max sentence of 10 years imprisonment. Theft under $5000 – When value of good stolen is under $5000 it is a hybrid offence with the max sentence of 2 yrs and max fine of $2000

Robbery The theft of personal property through violence or the threat of violence, or with a weapon. Indictable offence with max penalty of life imprisonment. 52 % of thefts involve a weapon.

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 a maximum charge of 10 yrs if place is a commercial building. Life sentence if place is a residential dwelling house, especially if the resident is home a the time of the B&E = called a home invasion.

Mischief PUBLIC MISCHIEF Wilfully destroying or damaging property or data. Interfering with the lawful use of property or data Hybrid offences. Includes vandalism or doing things that could potentially harm lives If death is caused could be life imprisonment PUBLIC MISCHIEF Occurs when someone provides false information that causes the police to start or continue an investigation without cause.

Fraud Intentionally deceiving someone in order to cause a loss of property, money, or service. Penalties determined by value Less than $5000 could be a summary conviction with a max of 2 years. More than $5000 can be a max of 10 years and is indictable.

Prostitution The act of engaging in sexual services for money. Section 231 the prostitute or client can be charged if he or she Stops or attempts to stop any person, or in any way, communicates for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute. Results in a summary conviction offence.

Prostitution continued S 210 states keeping a bawdy house is also a summary offence. Place kept occupied or used by a person for the purpose of prostitution. Procuring and living off the money from prostitution is indictable with a max penalty of 10 years, 14 years if prostitute is under 18.

Drug Offences - Possession The state of having knowledge of and control over a controlled substance. 3 Points The person must know what the item is and have some measure of control over it. A person may be found in possession even if they gave the item to another person Can be charged even if the person does not own the controlled substance or have it in their possession as long as the person knows about it and consents to its possession by someone else.

Trafficking To sell administer transport, send deliver or distribute a controlled substance, or to offer to do any of the above Trafficking or possession for the Purpose of Trafficking have the same penalties.

Possession Penalties Schedule Substance Max Penalty 1 Opium derivatives (Cocaine, heroin, morphine, Methadone Indictable 7yrs Summary 1st offence = $1000 – 6 months 2nd offence 2000 – 1 yr 2 Cannabis derivatives Indictable 5yrs Summary = same as above 3 Amphetamines and derivatives. (speed, LSD, MDA(ectasy) Indictable 3yrs 4 Barbiturates (valium, steriods) none 5 Phenylpropanolamine

Trafficking Sentences Substances Type of Offence Max Penalty 1 or 2 Indictable Life 3 Summary 10 years 18 months 4 3 years 1 year