Chapter 8 – Crime and Chapter 8 – Crime and Criminal LawCriminal LawUnit 3 – Criminal LawUnit 3 – Criminal Law

Level of OffencesLevel of Offences

Learning Goal for TodayLearning Goal for Today

By the end of the lesson(s), students By the end of the lesson(s), students will be able to explain the difference will be able to explain the difference between summary conviction and between summary conviction and indictable offencesindictable offences

ExpectationsExpectations

By the end of this lesson, students By the end of this lesson, students will:will:

……compare summary, hybrid, and compare summary, hybrid, and indictable offences as they relate to indictable offences as they relate to criminal lawcriminal law

AgendaAgenda

Level of OffencesLevel of Offences

Individual ActivityIndividual Activity Offences Against the PersonOffences Against the Person (Homicide, Assault and Sexual Assault)(Homicide, Assault and Sexual Assault)

Level of OffencesLevel of Offences

Criminal offences are handled differently Criminal offences are handled differently depending on the seriousness of the crimedepending on the seriousness of the crime

Types of offence has a bearing on:Types of offence has a bearing on: Custody issuesCustody issues Bail requirementsBail requirements Trial proceduresTrial procedures SentencingSentencing

The Code clearly indicates whether a The Code clearly indicates whether a crime is classified as a summary, crime is classified as a summary, indictable or hybrid offenceindictable or hybrid offence

Summary Conviction OffenceSummary Conviction Offence

Minor offence with a relatively light Minor offence with a relatively light penaltypenalty

Dealt with quickly and simply by the Dealt with quickly and simply by the courtscourts

Ex. Public nudityEx. Public nudity

Indictable OffenceIndictable Offence

Much more serious crime and carries Much more serious crime and carries a heavier penalty than a summary a heavier penalty than a summary offenceoffence

Penalties may range from 2 years to Penalties may range from 2 years to life imprisonmentlife imprisonment

Some indictable offences have a Some indictable offences have a minimum penaltyminimum penalty

Ex. MurderEx. Murder

Hybrid OffenceHybrid Offence

Offence may be treated as a summary Offence may be treated as a summary or indictable offenceor indictable offence

It is the Crown attorney who It is the Crown attorney who determines how the offence will be determines how the offence will be treatedtreated

Presumed indictable unless Crown Presumed indictable unless Crown elects to proceed summarilyelects to proceed summarily

Factors Considered…Factors Considered…

Factors are used when considering Factors are used when considering how to classify a hybrid offencehow to classify a hybrid offence CircumstancesCircumstances RecordRecord ValueValue Violence/weaponsViolence/weapons

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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

Limitation Limitation periods (time periods (time period after period after crime crime commited commited where where charges can charges can be laid)be laid)

Offences Offences must be must be prosecuted prosecuted within 6 within 6 months of the months of the date it date it occuredoccured

No limitation No limitation of time when of time when offence may offence may be prosecutedbe prosecuted

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

ProsecutionProsecution Private Private person may person may prosecute by prosecute by going before going before judge if judge if Crown refuses Crown refuses to lay chargesto lay charges

Private Private person may person may prosecute prosecute with Crown with Crown permission, permission, but Crown but Crown almost always almost always prosecutesprosecutes

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

Pre-trial Pre-trial procedureprocedure

No No preliminary preliminary hearinghearing

Preliminary Preliminary hearing may hearing may be heldbe held

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

Type of courtType of court Provincial Provincial CourtCourt

Provincial or Provincial or Superior Superior CourtCourt

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

Presence of Presence of accused accused

Not required; Not required; may be may be represented represented by a lawyerby a lawyer

RequiredRequired

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

PenaltiesPenalties Limited to a Limited to a fine up to fine up to $2,000 or up $2,000 or up to 2 years, to 2 years, less a dayless a day

Heavier, up to Heavier, up to life life imprisonmentimprisonment

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

Criminal Criminal RecordRecord

A criminal A criminal record results record results from a from a conviction on conviction on a summary a summary offenceoffence

A criminal A criminal record results record results from a from a conviction on conviction on an indictable an indictable offenceoffence

Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences

CategoryCategory SummarySummary IndictableIndictable

Method of Method of TrialTrial

No juryNo jury Accused can Accused can choose judge choose judge or jury as or jury as “triers of fact”“triers of fact”

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