Criminal Offences Types of Offences Indictable Offence Crime

Criminal Offences

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)

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.

Criminal Offences Against the Person

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) 1 st Degree 2 nd Degree Manslaughter Infanticide Non-Culpable Homicide A killing a person cannot be held legally responsible for -Like an unforeseeable accident (defending oneself)

First Degree Murder s. 231(1) Murder: the intentional killing of another human being 1 st Degree Murder: A killing that is planned & deliberate 1 st 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

Second Degree Murder s. 231(7) Includes any murders not meeting the definition of 1 st degree Minimum sentence for both types of murder is life imprisonment BUT! ◦ 1 st Degree Offenders cannot be paroled for 25 years ◦ 2 nd Degree Offenders can be paroled after serving 10 -15 years

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 spits in Johns face. John gets knife and kills Bill) Accused can also be charged w/ criminal negligence; not both!

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

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

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

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

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 10 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

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