1. Criminal Offences

2. Can you guess the sentence?
1. What is the maximum penalty for uttering threats?
2. What is the maximum penalty for forgery?
3. What is the penalty for extortion?
4. What is the maximum penalty for murder?
5. What is the maximum penalty for infanticide?
6. What is the minimum penalty for aggravated assault?
7. What is the maximum penalty for pulling a fire alarm falsely?
8. What is the minimum penalty for armed robbery?
9. What is the maximum penalty for assisted suicide?

3. Summary Conviction Offences Hybrid or Dual Procedure Offence
Types of Offences
Indictable Offence
Crime more serious; carries a heavier penalty (Perjury, Arson, Murder)
Criminal Code sets max and min penalties depending on the offence
Sentence ranges from 2 yrs to life in jail
Sentence w/ max penalty of less than 5 years: Prov Court w/out jury
Sentence w/ max penalty of more than 5 years: Prov Court w/ judge + jury
Summary Conviction Offences
A relatively minor offence; carries lighter penalty (Public Nudity, Trespassing)
Usually fined up to $5000 and/or imprisoned for up to 6 months
Tried in Prov Court w/ a judge; no jury (dealing with it quickly)
Hybrid or Dual Procedure Offence
Offence Crown can try either as a summary or indictable offence (impaired driving, theft under $5000)
Criminal Code specifies if offence is hybrid; but always treated as indictable until charges are laid in court. Crown often relies on circumstances. (Pg. 222)

5. Fast fact
According to a Statistics Canada report, Saskatchewan and Manitoba reported the highest crime rates in Canada; Quebec and Ontario had the lowest.
Saskatchewan also had the highest rate of violent crimes where P.E.I was lowest.

6. Criminal Offence Breakdown
With a partner, examine the handout that outlines the sentences allotted for certain criminal offences. Which punishments do you feel are too harsh? Which punishments do you feel are too lenient? Be prepared to share your thoughts!!

7. Criminal Offences Against the Person

8. Non-Culpable Homicide
S. 222(1) of the Criminal Code states that a person commits homicide when directly or indirectly cause the death of a human.
2 TYPES
Culpable Homicide
A killing the accused can be held legally responsible for
-(blameable)
Non-Culpable Homicide
A killing a person cannot be held legally responsible for
-Like an unforeseeable accident (defending oneself)
1st Degree
2nd Degree
Manslaughter
Infanticide

9. First Degree Murder s. 231(1)
Murder: the intentional killing of another human being
1st Degree Murder: A killing that is planned & deliberate
1st Degree Needs to Meet 1 of the Following Criteria:
Planned & Deliberate
Hired to Kill
Victim is a police officer or another public servant charged w/ keeping the peace
Murder caused while committing any of the following:
Hijacking -Sexual Assault - Kidnapping
-Hostage Taking

10. Second Degree Murder s. 231(7)
Includes any murders not meeting the definition of 1st degree
Minimum sentence for both types of murder is life imprisonment
BUT!
1st Degree Offenders cannot be paroled for 25 years
2nd Degree Offenders can be paroled after serving years

11. Manslaughter s. 234
Includes any homicide that does not meet the definitions of murder or infanticide
Usually the action was unintentional (example: fight and you hit someone in the head and they die) – when a person doesn’t foresee wrongful act could result in death
A charge of murder can be reduced to manslaughter if the accused can show provocation on the part of the victim
Provocation: words or actions that could cause a reasonable person to behave irrationally or lose self-control (ex: fight with John and Bill. Bill spits in Johns face. John gets knife and kills Bill)
Accused can also be charged w/ criminal negligence; not both!

12. Fast Fact
In Canada, about 1 person in 10 has a criminal record

14. Infanticide
The killing of a newborn infant by the child’s mother. Typically mother is suffering post-partum depression.
3 Conditions must be met:
Accused must be the biological mother of infant
Victim must be less than 12 months
Accused must be suffering from a mental disorder related to the birth
Maximum Sentence: 5 years
Added to Criminal Code in 1948 b/c juries were reluctant to convict mothers of murder

15. Assault s. 265 (1)
Assault: threatening or actual physical contact without consent
Level 1: Hybrid Offense maximum 5 years imprisonment
3 Criteria:
Intentional application of force to another person either directly or indirectly
Attempting or gesturing to apply force
Accosting another person while opening using a real or fake weapon

16. Assault s. 265 (1)
Level 2: hybrid offence with maximum sentence 10 years
Criteria: assault with a weapon or causing bodily harm
Level 3: indictable offence with maximum sentence 14 years
- Criteria: aggravated assault, wounding, disfiguring or endangering life

17. Sexual Assault: (s. 271) Same as assault but with sexual elements
All sexual assaults are classified as indictable
3 Levels:
Level 1: most common (least physical injury)
sexual assault, maximum imprisonment years (hybrid offence)
Level 2: with a weapon
Sexual assault, w/ a weapon or causing bodily harm; maximum imprisonment 14 years
Level 3:
Aggravated Sexual assault, involves wounding, endangering the life of the victim or disfiguring; maximum imprisonment life

18. Suicide (s. 241)
Committing suicide is not illegal, but helping someone to commit suicide is illegal (indictable offence)
Maximum imprisonment - 14 years

19. Readings Building your understanding #4 Page 223 – R. v. Mitchell #1-3
Page 227 – R. v. Effert #1-3