Chapter 8 – Crime and Criminal Law Unit 3 – Criminal Law Level of Offences

Learning Goal for Today By the end of the lesson(s), students will be able to explain the difference between summary conviction and indictable offences By the end of the lesson(s), students will be able to explain the difference between summary conviction and indictable offences

Expectations Expectations By the end of this lesson, students will: By the end of this lesson, students will: …compare summary, hybrid, and indictable offences as they relate to criminal law

Agenda Level of Offences Level of Offences Individual Activity Individual Activity Offences Against the Person Offences Against the Person (Homicide, Assault and Sexual Assault) (Homicide, Assault and Sexual Assault)

Level of Offences Criminal offences are handled differently depending on the seriousness of the crime Criminal offences are handled differently depending on the seriousness of the crime Types of offence has a bearing on: Types of offence has a bearing on: Custody issues Custody issues Bail requirements Bail requirements Trial procedures Trial procedures Sentencing Sentencing The Code clearly indicates whether a crime is classified as a summary, indictable or hybrid offence The Code clearly indicates whether a crime is classified as a summary, indictable or hybrid offence

Summary Conviction Offence Minor offence with a relatively light penalty Minor offence with a relatively light penalty Dealt with quickly and simply by the courts Dealt with quickly and simply by the courts Ex. Public nudity Ex. Public nudity

Indictable Offence Much more serious crime and carries a heavier penalty than a summary offence Much more serious crime and carries a heavier penalty than a summary offence Penalties may range from 2 years to life imprisonment Penalties may range from 2 years to life imprisonment Some indictable offences have a minimum penalty Some indictable offences have a minimum penalty Ex. Murder Ex. Murder

Hybrid Offence Offence may be treated as a summary or indictable offence Offence may be treated as a summary or indictable offence It is the Crown attorney who determines how the offence will be treated It is the Crown attorney who determines how the offence will be treated Presumed indictable unless Crown elects to proceed summarily Presumed indictable unless Crown elects to proceed summarily

Factors Considered… Factors are used when considering how to classify a hybrid offence Factors are used when considering how to classify a hybrid offence Circumstances Circumstances Record Record Value Value Violence/weapons Violence/weapons

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Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Limitation periods (time period after crime commited where charges can be laid) Offences must be prosecuted within 6 months of the date it occured No limitation of time when offence may be prosecuted

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Prosecution Private person may prosecute by going before judge if Crown refuses to lay charges Private person may prosecute with Crown permission, but Crown almost always prosecutes

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Pre-trial procedure No preliminary hearing Preliminary hearing may be held

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Type of court Provincial Court Provincial or Superior Court

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Presence of accused Not required; may be represented by a lawyer Required

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Penalties Limited to a fine up to $2,000 or up to 2 years, less a day Heavier, up to life imprisonment

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Criminal Record A criminal record results from a conviction on a summary offence A criminal record results from a conviction on an indictable offence

Distinguishing Between Summary and Indictable Offences CategorySummaryIndictable Method of Trial No jury Accused can choose judge or jury as “triers of fact”

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