CRIMINAL OFFENCES 1 (OFFENCES AGAINST THE PERSON) LAW 12 – M.

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Presentation transcript:

CRIMINAL OFFENCES 1 (OFFENCES AGAINST THE PERSON) LAW 12 – M

Levels of Offences  Summary Conviction Offences  …crime considered less serious and carries a lighter sentence (eg. public nudity, trespassing at night) fines up to $5000 or 6 months in prison  Indictable Offences  …more serious crime that carries a heavier penalty (eg. arson, murder) penalties max range from 2 years to life  Hybrid Offences  …an offence that the Crown can try either as a summary or indictable offence (eg. theft under $5000, public mischief) circumstances dictate summary or indictable

Offences Against the Person  Homicide  …the killing of another human being, either directly or indirectly  culpable homicide …a killing for which the accused can be held legally responsible  Non-culpable homicide …a killing for which a person cannot be held legally responsible

Offences Against the Person (continued)  murder …the intentional killing of another human being first-degree murder …a killing that is planned and deliberate, is contracted, causes the death of a peace officer, or is committed during another serious crime second-degree murder …any murder not classified as first-degree murder infanticide …the killing of a newborn infant by the child’s mother manslaughter …any culpable homicide not classified as murder or infanticide any charge of murder can be downgraded to manslaughter if accused can prove provocation

Offences Against the Person (continued)  assault  … threatened or actual physical contact without consent  level 1 assault …applying force to another…threatening with act or gesture to apply force…accosting or impeding  level 2 assault …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 assault …aggravated assault – wounding, maiming, disfiguring, or endangering the life of the victim

Offences Against the Person (continued)  sexual assault  … touching of a sexual nature that is not invited or consensual  level 1 sexual assault …uninvited sexual touching  level 2 sexual assault …sexual assault with a weapon, threats to a third party, or causing bodily harm – use of weapons, threats, or physical injury

Offences Against the Person (continued)  level 3 sexual assault …aggravated sexual assault – sexual assault that involves wounding, maiming, disfiguring, or endangering the life of the victim  Suicide  not a crime (anymore)  counseling a person to commit suicide is indictable offence

Motor Vehicle Offences  dangerous operation of a motor vehicle  failure to stop at the scene of an accident  impaired driving

Maximum Penalties CRIMEMAX SENTENCECRIMEMAX SENTENCE Murder 1Life Murder 2Life ManslaughterLife Infanticide5 years Assault 15 yearsSexual Assault 110 years Assault 210 yearsSexual Assault 214 years Assault 314 yearsSexual Assault 3Life