Criminal Law Offences Chapter 7

Criminal Offence against the law Types of Offences Summary Conviction Offence less serious Indictable Offence more serious Hybrid Or Dual Procedure Offence may be tried as either Summary Conviction or Indictable decision how to treat made by the Crown seriousness of the crime – amount of violence used previous record of the accused treated as Indictable until decision made - Why?

Offences Against the Administration of Justice (Criminal Code Part IV) anything that threatens State authority eg Treason, Perjury, etc Obstruction (Obstructing a Police Officer) by refusing to assist a Police Officer who requests help by obstructing an officer doing his duty hybrid offence

Offences Against Public Morality (Criminal Code Part V) Sexual Offences, Obscenity, Hate Literature Causing a Disturbance Noise Laws only if NOT in a dwelling house Sexual Offences having sexual relations with a person under the age of 14 Common Nuisance (Sec 180.1) Every one who commits a common nuisance and thereby (a) endangers the lives, safety or health of the public, or (b) causes physical injury to any person,

Offences Against the Person and Reputation (Criminal Code Part VIII) Criminal Negligence shows “wanton and reckless disregard for the lives and safety of other persons” (Sec 219.1) when a person takes an unjustifiable risk and knows or does not care about the consequences egs street racing impaired driving causing death excessive speed Street Racing km/hr (80 zone) - 3 dead

Homicide when one person causes the death of another person Non-Culpable (Without Blame) eg when a soldier kills the enemy in time of war Culpable (Deserving Blame) any other type of homicide Murder, Manslaughter, Infanticide

Murder the most serious culpable homicide By recklessly causing bodily harm likely to cause death Meaning to cause death of one person and accidentally causing the death of another person Doing something for an unlawful object that you know is likely to cause death First Degree Murder (Murder 1) Life Imprisonment - no parole for 25 years Second Degree Murder (Murder 2) Life Imprisonment – no parole for 10 years Starved their 5 month child to death May get death penalty (Illinois)

Manslaughter a culpable homicide which is not murder usually when death is caused by an unlawful action eg impaired driving causing death could be charged with criminal negligence causing death Murder Reduced to Manslaughter may be convicted of manslaughter instead of murder 1intoxication defence if accused is too intoxicated to form specific intent 2Provocation “temporary insanity” the crime of passion

Offences Involving Motor Vehicles Includes, cars, trucks, snowmobiles, aircraft, boats, and even riding lawnmowers and tractors Drinking and Driving – Driving Impaired How can a driver be charged? general driving erractic driving, swerving a lot, etc general behaviour breath odour, slurring words, falling down, etc if driver blows over.08 roadside breathalyzer - followed by police station breathalyzer

Offences Involving Motor Vehicles Care and Control Section Whether... Is in motion or not You may be charged if you have the opportunity of driving Refusal to have a breath sample taken is an offence - Section Care and Control and refusal to submit to breath test have the same punishments as Driving while Impaired Driver may be charged under Federal Law (Criminal Code) and Provincial Law (Highway Traffic Act) for the same offence Federal punishment is applied first

Assault Section Applies force intentionally without consent... Attempts or threatens to apply force assault may be committed without touching the other person no charge of assault if victim consented to the force being applied – unless the force is excessive eg contact sports – hockey, boxing, etc Sexual Assault replaced the old charge of rape no definition of sexual in Criminal Code – courts must decide accused may be male or female and a spouse may be charged Incidence of Sexual Assault

Offences Against the Rights of Property - Part IX Theft taking something that belongs to someone else Colour of Right the right to have something eg your textbook it is theft even if only taken for a short time Theft by Conversion getting something legally but illegally keeping it Hybrid Offence theft over $ is indictable Robbery Theft with violence - indictable offence

Break and Enter break into a place with the intent to commit an indictable offence more serious if a dwelling (a home) not necessary to actually break in – enter through an unlocked door is still B & E Possession of Stolen Property (Property Obtained by Crime) check the definition of possession (text P. 125) Section 4.3CC

Controlled Drugs and Substances Act Offence to possess, traffic in, import or export any drugs covered by the act Offence to cultivate opium poppy or marijuana Possession (Section 3 Criminal Code) to have, or to know that someone else has... Trafficking to make, sell, administer, transport, send, and give Food and Drug Act Controlled drugs (available by prescription) Restricted Drugs (not available by prescription) Drug Offences Raw Opium Cocaine Harmful Effects