Criminal Offences Chapter 9. Chapter Overview -Levels of Offences -Offences Against the Person -Offences Against Property -Other Criminal Code Offences -Drug Offences. Canada’s justice system handles various criminal offences differently depending on the seriousness of the crime.
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-Levels of Offences
-Offences Against the Person
-Offences Against Property
-Other Criminal Code Offences
Canada’s justice system handles various criminal offences differently depending on the seriousness of the crime.
The type of offence has a bearing on custody issues, bail requirements, trail procedures, and sentencing.
The three levels of crimes include:
A summary conviction offence is a minor offence that carries a relatively light penalty.
A person convicted of such a crime will be fined up to $2000 and or imprisoned for up to six months.
Usually dealt with it quickly and simply.
Examples: Public nudity or streaking, pulling a fire alarm, causing disturbances, joyriding, etc.
An indictable offence is a serious crime and carries a heavier penalty than a summary conviction offence. The criminal code establishes maximum penalties for indictable offences, ranging anywhere from two years’ imprisonment for committing a common disturbance or up to life imprisonment for sexual assault.
For offences with a maximum penalty of less than five years, the trial will be heard in Provincial Court or the Supreme Court before a judge alone.
R. v. Quinlan
Second-degree murder is defined as any murder that does not fit into one of the four situations listed under first-degree murder.
R. v. Mafi
R. v. Turner
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 offence, carries max. of 5 years. Touching without consent or threatening a person with violence.
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.
Level 3 – Aggravated assault, which involves wounding, maiming, disfiguring or endangering the life of the victim.Assault
In Canada 1 in 10 people have a criminal record
Level 1 – A hybrid offence, the most common and the one where the victim suffers the least physical injury. 97% of all cases of sexual assault. Max penalty of 10 years.
Level 2 – Sexual assault with a weapon, threats to a third party or causing bodily harm. Basically involves weapons, threats or physical injury. Max. sentence of 14 years.
Level 3 – Aggravated sexual assault, which involves wounding, maiming, disfiguring or endangering the life of the victim.
I think cops cause more accidents than they prevent. When you’re driving and see a cop ahead, what do you do? Slam on the breaks and struggle to get your seatbelt on. Next to every accident you always see a police car. Coincidence? I think not”!
Thecrown must prove that the safety and lives of others were endangered because the driver failed to exercise the same care a good driver would have exercised under the same conditions.
This is a hybrid offence.
“I just saved a bunch of money on my car insurance by switching…..
my car into reverse and driving away from the accident”!
Any one involved in an accident who doesn’t stop, offer assistance and give their name and address, is presumed to show intent to escape civil or criminal liability. Commonly known as “hit and run”, it is a hybrid offence.
You know you drank too much if you swerve to miss a tree than realize it is the air freshener hanging from your mirror
R. v. Taylor
A thief broke into a mad man's house and stole a TV. He took off and started running.The mad man also ran after him.The faster he ran, the faster the mad man also ran after him. Finally he got tired and stopped, the mad man also stopped.Then, the mad man told him "Take this, you forgot the TV remote"
Theft – taking property permanently or temporarily, without the owner’s permission.
Did you know that Auto theft in Canada costs the Canadian insurance industry over $600 million each year? When you factor in additional costs to the medical, law enforcement, and judicial systems; auto theft costs the Canadian economy over $1billion dollars annually.
Public Mischief – providing false information that causes the police to start or continue an investigation without cause. i.e. Falsely reporting a stolen car.
Fraud – intentionally deceiving someone in order to cause a loss of property, money or service.
Prostitution – the act of engaging in sexual services for money. Actually, it is not illegal in Canada, but soliciting is, communicating for the purpose of prostitution, in a place open to public view. Keeping a “bawdy house”, a place kept, occupied or used by a person for the purpose of prostitution or the practice of indecent acts.
Gambling – not a criminal offence itself, but keeping a “disorderly house” is, a common bawdy, betting or gaming house.
“Controlled Drugs and Substances Act”
Write down something you learned about Criminal Offences! Hand in to me!