1. Criminal Offences Against Property

2. Theft [s. 322 (1) ]
Theft: taking property permanently or temporarily, without the owner’s permission.
“Colour of Right”: The honest belief that a person owns or has permission to use an item. Example of borrowing car
“Theft Over” indictable offence of stealing goods over $5000
- 10 Year max imprisonment
Sentencing for theft depends on the value of the goods stolen
“Theft Under” hybrid offence of stealing goods under $5000
- 2 Year max imprisonment

3. Robbery & Breaking + Entering
A theft that involves the threat or use of violence
Indictable offence; Life Imprisonment Maximum
Breaking & Entering:
Breaking & Opening something in order to enter the premises w/out permission w/ the intent to commit an indictable offence
Indictable Offence:
Max 10 years imprisonment if a commercial dwelling is broken in to
Max life imprisonment if a dwelling house is broken in to

4. Mischief
Wilfully destroying or damaging property or data, interfering with the lawful use of property or data
Vandalism – destroying or defacing property
Hybrid offences
Life in prison
Example: Pierre and Matthew were drinking, way home they put tree trunk on train tracks. Next day trained stopped before. Even though no one killed or injured still could be sentenced to life

5. Public mischief Hybrid offence
someone provides false information that either misleads the police in their investigation or tricks them into thinking a crime has been committed when no crime has taken place
Example: falsely reporting a stolen car

6. Fraud
Intentionally deceiving someone in order to cause a loss of property, money, or service
The Crown must prove that the accused purposely intended to deceive
Falsifying employment records, failing to collect fares, manipulating the stock market
Determined by the value of the fraudulent transaction
Less then $5000 – summary offence punishable by a fine or indictable offence of 2 years
More then $5000- indictable offence with max of 10 years in prison

7. Prostitution
Refers to the act of engaging in sexual services for money
Act of prostitution is not a criminal offence
Soliciting (communicating for the purpose of prostitution is illegal)
Summary conviction offence
Income for prostitution are indictable offences with max penalty of 10 years

8. Gambling
Not a criminal offence but offences can be committed in relation to gambling
Disorderly houses (betting or gaming house) and illegal forms of betting
Indictable offence = 2 years prison

9. Drug Offences
Anything involving substances listed under “Schedule I, II, III, IV, V of the Controlled Drug & Substance Act (Examine Chart on Pg. 245)

10. Possession
Having a substance listed under Schedule I, II or III of the Controlled Drugs + Substance Act
Possession: the state of having knowledge of & control over something
3 Points to Consider:
Person in Possession must know what the item is
Person may be found guilty even if they give the item to another person
Person may be charged even if they don’t have the substance, but they know someone else did and consented to that person having it

11. Trafficking
Trafficking: A criminal offence that involves selling, giving, transporting or distributing a controlled substance or an authorization for a controlled substance
Crown must prove possession of substance w/ intent to sell. R v. Campbell established that only intent to make an offer to sell was enough to be charged.
Substances
Type of Offence
Maximum Penalty
Schedule I or II
Indictable
Life Imprisonment
Schedule III
Summary
10 Years
18 Months
Schedule IV
3 Years
1 Year

12. Money Laundering
Practice of transferring cash or other property to conceal its illegal origin
Hybrid offence / 10 years (indictable) / summary $2000 and/or 6 months
Crown must prove:
Actus Reus – any use, transfer, or possession of sending or delivering, transporting, transmitting, altering, disposing can be a criminal offence
Mens rea – intention to conceal or convert the money
Subject matter of the offence – committing any act or omission related to an offence

13. Motor Vehicle Offences (Included in Criminal Code)

14. Dangerous Operation of a Motor Vehicle (s. 2)
defined as any vehicle that is drawn, driven or propelled by any means other than muscle power.
E.g. Cars, snowmobiles, motorcycle, motorboats etc.
Actus Reus: Crown must prove lives of others were in danger b/c of the driver’s actions
Offence
Sentence
Causes Death (indictable)
Max 14 Years Imprisonment
Causes Bodily Harm (indictable)
Max 10 Years Imprisonment
Hybrid Offence
Max 5 Years Imprisonment

15. Failure to Stop At Scene of Accident S. 252 (2)
Actus Reas: Anyone involved in a motor vehicle offense who doesn’t stop to give their name & address or offer assistance
Offence
Sentence
Causes Death
Max Life Imprisonment
Causes Bodily Harm
Max 10 Years Imprisonment
Hybrid Offence
Max 5 Years Imprisonment

16. Impaired Driving: Ontario Laws
New blood alcohol level was set to 0.05% for > % for <21
Hybrid offence
Impaired driving causing bodily harm is indictable with max penalty of 10 years
If driver kills someone, life in prison
1st Offence: Suspension of licence of 3 days
2nd Offence: Suspension of licence for 7 days and the driver will have to attend an alcohol education program.
3rd Offence: Suspension of licence for 30 days & the motorist will have to complete a remedial alcohol treatment program.
Ignition interlock condition placed on their licence for six months.

17. Impaired Driving Sentences:
Section 253 (b) : Defines impaired as more than 80 milligrams of alcohol in 100 millilitres of blood
Section 254: Gives police right to perform breathalyser
Section 255(1): Illegal to drive impaired or to refuse to give a breathalyser
Sentences:
Vary according to # of times person has been convicted of this offence