Criminal Offences 3 Levels of Offences Summary Conviction

Criminal Offences

3 Levels of Offences ¬Summary Conviction Offence ¬Indictable ¬Hybrid

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

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 it is held at superior court, with option of a jury

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

Offences Against a Person Homicide ¬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. Ex. Self defence, soldiers, executioners.

Culpable Homicide 1 st 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 4. Murder is committed while attempting another serious offence. ¬ 1. 2. 3.

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

Infanticide ¬ When a mother kills her newborn child. 3 conditions must be passed 1. The accused must be the child’s natural mother 2. The victim must be less than 12 months

Infanticide 3. 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.

Infanticide ¬Maximum punishment is 5 years. ¬Has to prove she is suffering from post partum depression.

Manslaughter ¬Any culpable homicide that does not fit into the definition of 1 st, 2 nd, Infanticide. ¬Still involves killing someone from a wrongful act and may not be intentional. ¬Any reasonable person could have foreseen that their actions could result in harm.

Manslaughter - Provocation ¬Provocation – words or actions that could cause a reasonable person to behave irrationally or lose self control. ¬Can be no cooling off period ¬This would drop and charge of 2 nd degree to Manslaughter

Assault ¬Most common violent crime ¬ 3 levels ¬Level 1 hybrid assault ¬Level 2 assault with a weapon causing bodily harm ¬Level 3 aggravated assault

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 or begging, while openly showing a weapon.

Level 2 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. ¬Includes involves carrying using or threatening to use a weapon. ¬Carries a max of 10 years imprisonment

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.

Sexual Assault ¬Level 1 – most common ¬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. ¬Max is 10 years in prison

Level 2 Sexual assault ¬Sexual assault with a weapon causing bodily harm ¬Max sentence of 14 years.

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

Consent Defence ¬Valid if the accused had an honest and reasonable, even if mistaken, belief that the victim was consenting to sexual contact.

Consent Defence ¬ Cannot be used when: 1. Victim says “no” by words or physical actions. 2. When the accused is intoxicated and not able to determine if consent has been given. 3. 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.

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.

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

Failure to Stop at the Scene of Accident ¬S 252(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 5 yrs ¬Bodily injury = up to 10 yrs ¬Death = up to life

Impaired Driving ¬Can be proven by erratic driving, slurred speech, inability to walk straight, smell of alcohol, breath/blood tests ¬Police can force someone to take breathalyzer or blood test. ¬Hybrid offence ¬Bodily harm = 10 years ¬Death = life.

Offences Against Property -Theft ¬Taking property without owner’s permission. ¬Colour of Right – the honest belief that a person owns or has permission to use an item. ¬Sentencing depends on the amount stolen.

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

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

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 is place is a residential dwelling house

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

Mischief - Public Mischief ¬Occurs when someone provides false information that causes the police to start or continue an investigation without cause.

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.

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.

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.

Drug Offences - Possession ¬ The state of having knowledge of and control over a controlled substance. ¬ 3 Points 1. The person must know what the item is and have some measure of control over it. 2. A person may be found in possession even if they gave the item to another person 3. 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.

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.

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

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