1. Yes, you are responsible for the content contained within these slides
Criminal Offences
Yes, you are responsible for the content contained within these slides

2. Topics to be covered 1. Property Offences 2. Drug Offences 3. Homicide
4. Assault and Sexual Assault
5. Sexual Offences
6. Drinking and Driving
7. Public Order

3. 1. Property Offences

4. s.322
Theft
Actus Reus (A.R.)
Fraudulently and without colour of right, takes or converts to his/her use
Mens Rea (M.R.)
With intent
To deprive, absolutely or temporarily or temporarily, the owner of it
To deal with it in such a manner that it cannot be restored

5. s.253
Theft - Punishments
If the theft is less than $5,000, then it is hybrid.
Indictable = 2 years
S.C.
If the theft exceeds $5,000, then it is an indictable offence.
Indictable = 10 years

6. Joyriding A.R. Without the consent of the owner takes a motor vehicle
M.R.
With intent to drive, use or operate
Punishable on summary conviction.
Note: No damage to property!

7. Possession of Stolen Property
A.R.
Has in his/her possession any property that all or part was obtained by an indictable offence
M.R.
Intent, knowledge or recklessness
Value < $5,000
Value > $5,000
Hybrid
Indictable 2 years
Summary Conviction
Indictable 10 years

8. Credit Card Theft and Forgery
s.342
Credit Card Theft and Forgery
A.R.
Steals a credit card
Forges a credit card
Has in his/her possession or in any way uses a stolen credit card
Uses a revoked or cancelled credit card
M.R.
Intent, knowledge, or recklessness
Hybrid (Indictable = 10 years)

9. Mischief A.R. If the act … M.R. Intent, knowledge or recklessness
Destroys or damages property;
Renders property dangerous or useless; or
Obstructs the lawful use of property
M.R.
Intent, knowledge or recklessness
s.430 (1.1) deals with mischief to data
s.52 deals with sabotage

10. Mischief - Punishments
Note the similarities in punishment between Theft, Possession of Stolen Property and Mischief.
< $5,000
> $5,000
Causes danger to life
Hybrid
Indictable only
Indictable
= 2 years
= 10 years
Life
Summary C.
n/a

11. Robbery A.R. If the accused… M.R. Intent, recklessness, knowledge
Steals using violence or threats of violence
Steals from a person and during or after, or before they use violence
Assaults with intent to steal
Steals from a person while armed with an offensive weapon or imitation thereof
M.R. Intent, recklessness, knowledge
Indictable only = Life

12. s.348
Break and Enter
A.R.
Breaks and enters a place and commits or intends to commit an indictable offence
Breaks – to break or open anything used to close an opening
Enters – any part of his body without lawful justification
Place – house, building, vessel, aircraft (but not a car)
M.R.
Intent, knowledge or recklessness

13. Break and Enter - Punishments
Indictable
In relation to a place
other than a dwelling
14 years
In relation to
a dwelling house
LIFE

14. Controlled Drugs and Substances Act
2. Drug Offences

15. A “controlled substance” means a substance included in Schedules I, II, III, IV, or V
Note: With respect to all the substances included in the five Schedules, and the subsequent offences, there are legal means under the Regulations for a practitioner to deal with same.

16. The Five Drug Schedules
Schedule I
Schedule II
Schedule III
Heroin
Morphine
Cocaine
Codeine
Marihuana
Hash
Amphetamines
LSD (Acid)

17. The Five Drug Schedules
Schedule IV
Schedule V
Steroids
Barbiturates
Phenylpropanolamine
Propylhexedrine
Pyrovalerone

18. Main Offences Possession
Trafficking or possession for the purpose of trafficking
Producing
Double doctoring
Importing and exporting

19. Possession Actus Reus (A.R.)
No person shall possess a substance included in Schedules I, II, or III.
Possession is defined in the CCC (s.4(3)):
In his/her actual possession or custody of another person
Possession in a group, with knowledge and consent of the rest, all are deemed to be in possession
Has it in any place

20. Possession
Mens Rea (M.R.)
Intent, knowledge and recklessness

21. Punishments for Possession
Schedule I
Schedule II
Schedule III
Hybrid Offence
Hybrid Offence
Hybrid Offence
Indictable (7 years)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)
> 30 grams of marihuana
> 1 gram of hash
Indictable (5 years)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)
Indictable (3 years)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)

22. Trafficking Actus Reus (A.R.)
No person shall traffic, or for the purpose of trafficking, possess a substance in Schedule I, II, III, or IV.
“Traffic” means to sell, administer, give, transfer, send or deliver the substance or offer to any of the above
Mens Rea (M.R.)
Intent, knowledge and recklessness

23. Punishments for Trafficking
Schedule I
Schedule II
Indictable Offence
Indictable Offence
Life
Except if it is in an amount of less than 3 kg, then it is:
Indictable (5 years)
Life

24. Punishments for Trafficking
Schedule III
Schedule IV
Hybrid Offence
Hybrid Offence
Indictable (10 years)
S.C. (18 months)
Indictable (3 years)
S.C. (1 year)

25. Producing
A.R.
No person shall produce a substance included in Schedule I, II, III, or IV
“produce” means to manufacture, cultivate, harvest or propagate
M.R.
Intent, knowledge and recklessness

26. Punishments for Producing
Schedule I
Schedule II
Indictable Offence
Indictable Offence
Life
Except: Marihuana
Indictable (7 years)
Life

27. Punishments for Producing
Schedule III
Schedule IV
Hybrid Offence
Hybrid Offence
Indictable (10 years)
S.C. (18 months)
Indictable (3 years)
S.C. (1 year)

28. Double Doctoring
A.R.
No person shall obtain a substance in Schedule I, II, III, or IV from a practitioner, without disclosing the acquisition of any substance from the Schedules, from any other practitioner in the last 30 days.
M.R.
Intent, recklessness and knowledge

29. Punishments for Double Dr.’ing
Schedule I
Schedule II
Hybrid Offence
Indictable Offence
Indictable (7 years)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)
Indictable (5 years)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)

30. Punishments for Double Dr.’ing
Schedule III
Schedule IV
Hybrid Offence
Hybrid Offence
Indictable (3 years)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)
Indictable (18 months)
S.C. 1st offence ($1,000 and/or 6 mths)
S.C. 2nd offence ($2,000 and/or 1 year)

31. Importing and Exporting
A.R.
No person shall import into Canada or export from Canada a substance included in Schedules I, II, III, IV or V.
No person shall possess for the purpose of exporting from Canada a substance in one of the above Schedules.
M.R.
Intent, recklessness and knowledge

32. Punishments for Exporting
Schedule I
Schedule II
Schedule III
Indictable Offence
Indictable Offence
Hybrid Offence
Indictable (10 years)
S.C. (18 months)
Life
Life

33. Punishments for Exporting
Schedule IV
Schedule V
Hybrid Offence
Hybrid Offence
Indictable (3 years)
S.C. (1 year)
Indictable (10 years)
S.C. (18 months)

34. 3. Homicide

35. Culpable vs. Non-culpable
Culpable Homicide
Murder
Manslaughter
Infanticide

36. Non-Culpable Homicide
Complete Accident
NOT AN OFFENCE
Justified

37. Causes death of a human being M.R. Means to cause death
Culpable Homicide
Murder
A.R.
Causes death of a human being
M.R.
Means to cause death
Means to cause bodily harm that is known to likely cause death
Means to carry out an unlawful object that ‘he’ knows is likely to cause death (Subjective Test)
Transferred malice

38. The differences between charges
1st Degree
2nd Degree
Planned and deliberate
Consideration pursuant to a procuring
Victim is a law enforcement officer
Committed during a:
Hijacking
Sexual assault
Kidnapping
Etc. see s.231
Murder that is not first degree murder
In other words, normal intent – spontaneous action leading to murder

39. Indictable Murder Punishments
1st Degree
2nd Degree
Minimum life
Eligible for parole after 25-years
Minimum life
Eligible for parole after 10-years
Faint Hope c A convicted murderer is on parole for the rest of his/her life

40. s.233
Culpable Homicide
Infanticide
Read s. 233 to the class

41. Cause of death, that is not murder or infanticide M.R. General intent
Culpable Homicide
Manslaughter
A.R.
Cause of death, that is not murder or infanticide
M.R.
General intent

42. Lawful Manslaughter
Murder can be reduced to manslaughter if committed in the heat of passion caused by sudden provocation
This is sometimes called voluntary manslaughter
There are two (2) tests:
Would an ordinary person have lost self-control? (Objective Test)
Presuming #1, did the accused act upon the provocation before his/her passion was able to cool off? (Subjective Test)

43. Unlawful Manslaughter
Unlawful Act Manslaughter s.222(5)
Means to carry out an unlawful act that he/she ought to know is likely to cause death
Combine s.222(5) and s.234
Involuntary manslaughter
Objective test

44. Drunkenness Manslaughter
Intoxication can reduce murder to manslaughter
Murder is a specific intent offence – while manslaughter only requires general intent
Manslaughter Punishments
Indictable
Up to life

45. 4. Assault and Sexual Assault

46. Assault A.R. A person commits assault when:
Without consent he/she applies force, directly or indirectly, to a person
He/she attempts or threatens by act or gesture to apply force
While openly carrying a weapon, or imitation, he/she impedes or accosts another
M.R.
Intent, recklessness or knowledge 51

47. Common Assault This version of assault is the same as ‘Assault’.
It is a Hybrid Offence
When it is indictable, it is 5-years
On other instances, it is charged as a summary conviction

48. With a weapon or causing bodily harm
In committing an assault:
Carries, uses or threatens to use a weapon or imitation
Causes bodily harm
Interferes with the health or comfort of the victim and is more than merely transient or trifling in nature
Hybrid (Indictable = 10 years)
(Summarily = 18 months)

49. Aggravated Assault In committing an assault:
Wounds – Maims – Disfigures
Endangers the life of the victim
Includes female circumcision, regardless of consent
Indictable = 14 years

50. Other Assaults
Uttering Threats
(s.264)
Causes another to fear for safety, or safety of anyone known to them.
Engaging in threatening conduct
Torture
(s.269.1)
An official/person acting at instigation /consent of official, inflicts torture on another person
Assaulting a P.O.
(s.270)
Indictable (< 5 years), punishable on Summary Conviction

51. Sexual Assault General intent – drunkenness is NOT a defence
CCC does not specifically define sexual assault
Defined by Common Law
Use s.265 PLUS if it is of a sexual nature
Therefore, it is any sexual conduct – from kissing to intercourse – without consent

52. Sexual assault is an act of VIOLENCE, not sex, that 1 in every 4 women are victimized.

53. Common Sexual Assault Hybrid Indictable = 10 years
Summary Conviction = 18 months

54. Sexual Assault with a Weapon or causing bodily harm
In committing a sexual assault:
Carries, uses, or threatens to use a weapon
Threatens to cause bodily harm to a third person
Causes bodily harm
Indictable
14 years
If a weapon was used, minimum 4 years

55. Aggravated Sexual Assault
Aggravated is the same as in s. 268
Indictable
Up to LIFE
If a weapon was used, minimum 4 years

56. About Consent With respect to consent, please consider: s. 273.1
Voluntary agreement of the complainant to engage in the sexual activity in question
Can someone always be in a position to give consent or better yet, to express a lack of consent?

57. About Consent continued
No consent is obtained where:
The agreement or consent is expressed by the words or conduct of a person other than the complainant
The complainant is incapable of consenting to the activity
Accused induces to engage by abusing a position of trust, power or authority
The complainant expresses, by words or conduct a lack of agreement to engage
The complainant having consented, expresses, by words or conduct, a lack of agreement to continue to engage.

58. 5. Sexual Offences

59. Sex and the Law Corrupting Morals Indecent Act Nudity
and many others …
Prostitution
Sexual Touching
Sexual Exploitation

60. Corrupting Morals Everyone commits an offence who:
Makes, prints, publishes, sells, exposes to the public view, any obscene material
Obscene = any undue exploitation of:
Sex, or
Sex and crime, horror, cruelty, violence
Hybrid
Indictable = 2 years
Summary Conviction

61. Corrupting Morals Exceptions: s.163
“sexually explicit erotica which portrays positive and affectionate human sexual interaction between consenting individuals participating on the basis of equality is tolerable no matter how explicit”
Not an offence if the public good was served by the acts, for example:
Science
Social policy
Education

62. Indecent Act Does an indecent act in a public place
Exposes his/her genital organs to a person under the age of 14
Summary Conviction

63. Nudity Nude in a public place
s.174
Nudity
Nude in a public place
Nude is a private place exposed to public view
Nude = so clad as to offend public decency or order
Summary Conviction

64. Prostitution - Communication
No person, in a public place, shall:
Stop a car
Impede the flow of traffic
Communicate with any person
for the purpose of engaging in prostitution or obtaining the services of a prostitute (JOHN)
Summary Conviction
Everyone who obtains or attempts to obtain, for consideration, the sexual services of a person <18 years is guilty of an indictable offence
5 years s. 212 (4)

65. Prostitution - Procuring
Everyone who:
Procures another person to become a prostitute
Lives on the avails of a prostitute (PIMP)
Indictable
10 years
If the prostitute is <18 years old = 14 years

66. s.151 s.152
Sexual Touching
Every person who, for a sexual purpose, touches a person under the age of 14 (s.151)
Every person, who for a sexual purpose, invites a person under the age of 14 to touch them (s.152)
Hybrid
Indictable = 10 years
Summary Conviction

67. s.153
Sexual Exploitation
Every person in a position of trust or authority who commits the above (touching or invitation to touch, for a sexual purpose) to a young person 14 to 18 years
Hybrid
Indictable = 5 years
Summary Conviction = 18 months

68. Criminal Harassment (Stalking)
No person shall cause any person to fear for their safety by:
Repeatedly following them
Repeatedly communicating with them
Besetting or watching at the person’s home or place of work
Hybrid
Indictable = 5 years
S.C.

69. Indecent Telephone Calls
Other
Child Pornography
s.163.1
Common Bawdy House
s. 210
Anal Intercourse
s. 159
Bestiality
s.160
Incest
s.155
Indecent Telephone Calls
s.372
Corrupting Children
s.172
Sexual Assault
Sexual Harassment
OHRC

70. 6. Drinking and Driving

71. s.253
Impaired Driving
A.R.
Operates a motor vehicle while impaired by drugs or alcohol
Operates a motor vehicle while >than .08 blood alcohol
In care and control of a motor vehicle while impaired by drugs or alcohol
In care and control of a motor vehicle while >than .08 alcohol
Refusing roadside breathalyzer test

72. Impaired Driving M.R. Intent
s.253
Impaired Driving
M.R.
Intent
Note: You do not have to intend to drive for care and control.
Did you know: 25% of all road fatalities in Ontario involve a drinking driver

73. D&D Punishments
These are hybrid offences. The following table outlines the punishments covered under summary conviction.
CCC minimums
License Suspension
1st Offence 
$300 fine
1 year
2nd Offence
14 days
3 years
3rd Offence
90 days
Life 
 Must also complete an remedial measures program costing $475
 Review after 10 years

74. D&D Punishments
These are hybrid offences. The following table outlines the punishments covered under indictable conviction.
Straight case
up to 5 years
Causing bodily harm
up to 10 years
Causing death
up to 14 years
The conviction will remain on driving record for 10 years.
Insurance will at least double for the next 6 years.
There is also a 50% surcharge (high risk) for the next 3 years

75. Breathalizer
Where a police officer believes, on reasonable and probable grounds, that within the preceding two (2) hours an offence under s.253 has been committed, he/she may demand a roadside breathalizer test.

76. Solution???
DON’T
DRINK
AND
DRIVE

77. 7. Public Order

78. Obstructing a Peace Officer
A.R.
Resists or obstructs a police officer in the execution of his/her duty
Fails to assist a police officer in the execution of his duty, after being requested to do so
M.R.
Intent, knowledge, recklessness
Hybrid Offence (Indictable = 2 years) (S.C. = )

79. Disturbing the Peace A.R.
Not being in a dwelling house, causes a disturbance, in or near a public place, BY:
Fighting, screaming, playing music very loud
Being drunk
Loiters in a public place
M.R.
Intent, knowledge, recklessness
Summary Conviction

80. s.437
False Fire Alarm
A.R.
Everyone, who without reasonable cause …, uses a fire alarm
M.R.
Intent, knowledge, recklessness
Hybrid Offence (Indictable = 2 years)
(S.C.)

81. Other Public Nuisance Crimes
Public Mischief
s. 140
Obstructing Justice
s.139
Perjury
s.131
Fabricating Evidence
s.137
Failure to Appear
s.145
Resisting Arrest
s.270

82. We are now finished with criminal offences and their punishments.
It is time to learn about trial procedures
The End