1. Criminal Offences
Chapter 9

2. 3 Levels of Offences
Summary Conviction Offence
Indictable
Hybrid

3. Summary Conviction Offences
Minor offences
< $2000 fine or < 6 months
Tried in Provincial courts
No Jury Judge only
Charges like public intoxication, trespassing.
Does not result in a criminal record

4. Indictable Offences More serious crimes i.e. murder, perjury
Sentences range from two years to life
Sometimes has a minimum sentence
If penalty is less than five years it is usually held in the provincial court without a jury
If more than 5 yrs, then it is held at superior court, with option of a jury

6. Hybrid Offences
These offences are indictable but have an option to be tried as summary conviction.
If the person does not have a record, the crown can lower it to a summary offence.
Theft under $5000
Sexual assault
Impaired Driving

8. Crimes in Canada
Crimes in the Criminal Code are classified under different categories according to the type of offence.
Offences against the person and reputation, includes violent crimes in which the victim is threatened, injured, or killed.
Across Canada, police reported 291, 000 incidents of violent crime in 1999.
This may seem like a lot, but it is worth noting that violent crime declined in Canada between 1993 and 1999 after 15 years of increases.

9. Offences Against a Person Homicide
Contained in Part VIII of the criminal code, it includes crimes in which the victim is threatened, injured or killed.
Section 222 – a person commits homicide when directly or indirectly, by any means, causes the death of a human being.
Culpable – killing that accused is responsible
Non-culpable – accused cannot be held responsible. A death caused by an unforeseeable accident

10. Culpable Homicide or 1st Degree Murder 4 Qualifications:
Section 231(1)
Planned and deliberate
One person hires another to commit murder
The victim is a police officer, prison employee, or other person employed for the preservation of a public place
Murder is committed while attempting another serious offence.

11. Culpable Homicide 2nd Degree Murder
Section 231(7) any intentional murder that does not fit into the four scenarios of 1st degree.
Mandatory minimum sentence of life imprisonment
Only difference is 2nd degree has chance of parole after 10 years
1st degree has no chance of parole until 25 years are served.

12. Infanticide
When a mother kills her newborn child. The killing of a newborn infant by the child’s mother, is also culpable homicide.
3 conditions must be passed
The accused must be the child’s natural mother
The victim must be less than 12 months
At the time of the killing, the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth to the victim.
Maximum penalty is five years

13. Manslaughter
Any culpable homicide that does not fit into the definition of 1st, 2nd, Infanticide.
The Actus Reus of the offence consists of killing someone through a wrongful act, even if the killing was not intentional.
The Mens Rea is that any reasonable person could have foreseen that the wrongful act would pose a risk of bodily harm that was neither insignificant or temporary.
Can also be criminal negligence causing death, but not both!
Sometimes a charge of murder can be reduced to manslaughter if the accused can show provocation, words or actions that could cause a reasonable person to behave irrationally or lose self control.
Note that there is no cooling off period!

14. Assault Most common form of violent crime in Canada
Assault comprises any one of the following actions:
Intentionally applying force to another person, either directly or indirectly, without that person’s consent.
Attempting or threatening, by act or gesture, to apply force
Accosting or impeding another person, or begging, while openly wearing or carrying a weapon or an imitation of a weapon.
The criminal code classifies assault according to three levels of severity:
Level 1 hybrid assault
Level 2 assault with a weapon causing bodily harm
Level 3 aggravated assault
Fast Fact… 1 in 10 Canadians have a criminal record.

15. Level 1 Assault Hybrid offence Carries a max of 5 years imprisonment.
Intentionally applying force to another person
Attempting or threatening by act or gesture
Impeding another person, while openly showing a weapon.

16. Level 2 Assault with a Weapon or Causing Bodily Harm
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.
Carries a max of 10 years imprisonment

17. Level 3 – Aggravated Assault
Most violent level of assault
Assault which wounds, maims, disfigures or endangers the life of the victim.
Max sentence of 14 years.

18. Sexual Assault
Touching of a sexual nature that is not invited or consensual.
It also has three levels:
Level 1 – most common – Hybrid offense
Victim suffers the least physical injury.
Defined as assault which violates the victims sexual integrity
Usually involves touching of a sexual nature that is not invited or consensual.
97% of all sexual assaults are level 1 assault.
Max is 10 years in prison

19. Level 2 Sexual assault
Sexual assault with a weapon, the threat of having a weapon or causing bodily harm.
Max sentence of 14 years.

20. Level 3 Sexual Assault
Aggravated sexual Assault – wounding, maiming, disfiguring or endangering life of the victim of a sexual assault.
Max life imprisonment

21. Consent Defence
Valid if the accused had an honest and reasonable, even if mistaken, belief that the victim was consenting to sexual contact.
Cannot be used when:
Victim says “no” by words or physical actions.
When the accused is intoxicated and not able to determine if consent has been given.
When the accused person was reckless or deliberately blind to the victims responses, or failed to take reasonable steps to find out if the victim was consenting.

22. Motor Vehicle Offences - Dangerous Operation of a Motor Vehicle
Vehicle is anything drawn, driven, or propelled by any means other than muscle.
Crown must prove that lives of others were endangered.
Driver failed to take the same care that a reasonable person would take.
Hybrid offense.

23. Dangerous Operation of a Motor Vehicle
Generally is a hybrid offence punishable up to 5 years.
Dangerous operation causing bodily harm is 10 years
Death would result in 14 years imprisonment

24. Failure to Stop at the Scene of Accident
S252(2) anyone involved in a motor vehicle accident and does not stop, offer assistance, and give their name and address is presumed to show intent to escape liability.
Hybrid offence = up to 5yrs
Bodily injury = up to 10 yrs
Death = up to life

25. Impaired Driving
Can be proven by erratic driving, slurred speech, inability to walk straight, smell of alcohol, breath/blood tests
It is an offence to operate a motor vehicle while the amount of alcohol in the bloodstream exceeds 80 milligrams in 100 milliliters of blood or .08
Police can force someone to take breathalyzer or blood test.
Hybrid offence
Bodily harm = 10 years
Death = life.

26. THIEFT

27. Offences Against Property -Theft
Theft – taking property permanently or temporarily, without the owner’s permission.
The item must be taken without color of right, that is, the honest belief that a person owns or has permission to use the article in question. You can also commit theft by conversion, such as keeping money mistakenly deposited into your account.
Sentencing depends on the amount stolen.

28. Theft
Theft Over $5000- When theft is over $5000 it is an indictable offence with max sentence of 10 years imprisonment.
Theft under $5000 – When value of good stolen is under $5000 it is a hybrid offence with the max sentence of 2 yrs and max fine of $2000

29. Robbery
The theft of personal property through violence or the threat of violence, or with a weapon.
Indictable offence with max penalty of life imprisonment.
52 % of thefts involve a weapon.

30. Breaking and Entering
Breaking or opening something in order to enter the premises without permission with the intent to commit an indictable offence.
Punishable by a maximum charge of 10 yrs if place is a commercial building.
Life sentence if place is a residential dwelling house, especially if the resident is home a the time of the B&E = called a home invasion.

31. Mischief PUBLIC MISCHIEF
Wilfully destroying or damaging property or data.
Interfering with the lawful use of property or data
Hybrid offences.
Includes vandalism or doing things that could potentially harm lives
If death is caused could be life imprisonment
PUBLIC MISCHIEF
Occurs when someone provides false information that causes the police to start or continue an investigation without cause.

32. Fraud
Intentionally deceiving someone in order to cause a loss of property, money, or service.
Penalties determined by value
Less than $5000 could be a summary conviction with a max of 2 years.
More than $5000 can be a max of 10 years and is indictable.

33. Prostitution The act of engaging in sexual services for money.
Section 231 the prostitute or client can be charged if he or she
Stops or attempts to stop any person, or in any way, communicates for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute.
Results in a summary conviction offence.

34. Prostitution continued
S 210 states keeping a bawdy house is also a summary offence.
Place kept occupied or used by a person for the purpose of prostitution.
Procuring and living off the money from prostitution is indictable with a max penalty of 10 years,
14 years if prostitute is under 18.

35. Drug Offences - Possession
The state of having knowledge of and control over a controlled substance.
3 Points
The person must know what the item is and have some measure of control over it.
A person may be found in possession even if they gave the item to another person
Can be charged even if the person does not own the controlled substance or have it in their possession as long as the person knows about it and consents to its possession by someone else.

36. Trafficking
To sell administer transport, send deliver or distribute a controlled substance, or to offer to do any of the above
Trafficking or possession for the Purpose of Trafficking have the same penalties.

37. Possession Penalties Schedule Substance Max Penalty 1
Opium derivatives (Cocaine, heroin, morphine, Methadone
Indictable 7yrs
Summary 1st offence = $1000 – 6 months
2nd offence 2000 – 1 yr 2
Cannabis derivatives
Indictable 5yrs
Summary = same as above 3
Amphetamines and derivatives. (speed, LSD, MDA(ectasy)
Indictable 3yrs 4
Barbiturates (valium, steriods)
none 5
Phenylpropanolamine

38. Trafficking Sentences
Substances
Type of Offence
Max Penalty
1 or 2
Indictable
Life 3
Summary
10 years
18 months 4
3 years
1 year