CRIMINAL OFFENCESCRIMINAL CODE

OF CANADA

Constantly changingSee Case p. 219

LEVELS OF OFFENCESSUMMARY

CONVICTIONS

Less serious & lighter sentences

$2,000 & 6 months

($5,000)

Completed quickly

Prov. Court -no jury

Determined by CCC

INDICTABLEOFFENCES

Serious crime &higher sentence

2 Yrs. => Life

Some minimumSentences. - Ex. Murder = Life - Gun+Robbery = 4 yrs.

Level of court = type of crime. > 5 yrs. = Superior w. judge (& jury)

HYBRID/DUALOFFENCES

Tried as Summary orIndictable. Starts as Indictable; may be lowered

Seriousness of case determines how youwill be charged.

Past history may also be involved.

Page 223, Case: R. v. Mitchell

P. 224 #4 Grid Search

MANSLAUGHTERAny Culpable homicide NOT murder or infant.- Killing was not intentional BUT the Mens Rea = should be able to foresee harm. Ex. Fights-Includes Criminal Negligence. Ex. Failure to protect.- Includes provocation

HOMICIDE

The killing of another

CULPABLE (Defn. Blamable)

You are legally responsible

NON-CULPABLEYou are NOT legally

responsible

MURDERIntentional Killing of another. (Life)

2ND DEGREEAny murder that doesNot = 1st Degree Parole = 10-15 yrs.Note – Degree of Recklessness (Video)

1ST DEGREE (25 yrs =Parole)

-Planned & deliberate - Hires a hit man- Victim = police officer- During a serious offence - sex assault, hijack, etc.

INFANTICIDEKilling of a newbornBy the mother. (5yrs.) - natural mom - under 12 mo. - mental disturbance

SELF-DEFENCENecessary Force

ACCIDENTNo Intent

Not Manslaughter

MILITARY SERVICE

Soldiers duty

P. 227, Case: R. v. Effer

ASSIGNMENT p. 236 # 1-5

Samples – Bank robber shoots teller Shoots gun into classroom. Prank gone wrong (Rocks off cliff)

There are typically 3 types of charges when you kill someone. 1st degree murder, 2nd degree murder, and manslaughter.

I. Start with the premise that all killings are 2nd degree.

II. If premeditated or killing someone while robbing a bank or etc., then you rise to the level of 1st degree.

III. Manslaughter is often called heat of passion killing. It’s where the law understands that some events are so outrageous that they could lead a person to kill. Not that the killing is justified, but that its not of the same nature as 1st or 2nd.

Take, for example, the husband who kills his wife's lover when he finds them in bed together. This is the classic example of Voluntary Manslaughter.

ASSAULT82% OF ALL VIOLENT

CRIMETHREE LEVELS OF

SEVERITYLEVEL 1

-Hybrid Offence- Max. 5 yrs.- Push or Threat

- Words + act or gesture

- Intentionally applying force-Accosting, begging , or impeding

LEVEL 2

-With weapon or causing bodily harm-Hybrid with max. 10 yrs.

LEVEL 3

-Wounding, maiming, disfiguring, or endangering life.- Indictable = up to 14 yrs.

Gang torture

“I’ll kill you”

SEXUAL ASSAULTUsed to be rape or indecent assault.

Renamed to emphasize physical violence.

LEVEL 2

-With a weapon, threats, or injury.- Max. = 14 yrs.

LEVEL 3

-Aggravated – wounding, maiming, disfiguring,

endangering.- Max. = Life

LEVEL 1

-97% of sex assaults- non-invited / non-consensual touching of a sexual nature.- Hybrid Offence = max. of 10 yrs.DEFENCE – Consent is a defence if accused honestly believes consent was given.

CONSENT CANNOT BE USED WHEN:

1. No means No! Even if not spoken. Ex. Victim tries to escape.2. Intoxicated = No “Mens Rea” // BUT - Drunk not a right.3. Accused is reckless or fails to find out if consent exists.

P. 233, R. v. Ewanchuk

SUICIDE-In 1972 suicide and attempted suicide used to be a crime??? (5 yrs.??) Why???

- If you counsel, aid, or abet anyone to commit suicide you can be found guilty of an indictable offence.

Sue Rodriguez with NDP Svend RobinsonAssisted suicide????

MOTOR VEHICLE OFFENCES

Most Motor Vehicle offences = provincial. CCC = serious ones.A motor vehicle = anything drawn, propelled, or driven in any way other than muscular power.

DANGEROUS OPERATION - The safety of others at risk because you were being “stupid.”- Hybrid offence with Max. = 5 yrs.- If = bodily harm, Max. = 10 yrs // - If causes death = 14 yrs.

FAILURE TO STOP-If in an accident you must stop, assist, and identify (exchange info)- “Hit & Run” = hybrid offence with Max. of 5 yrs; Injury = 10 yrs.,

Death Max. = Life!!!!

MOTOR VEHICLE OFFENCES(Cont.)

IMPAIRED DRIVING-Drugs or alcohol.- Care & Control of a vehicle over .05 (B.C.)- If suspected = breathalyzer & potential blood sample.-Refusals – Good reason??!!??!!- Penalties

http://www.icbc.com/road-safety/safer-drivers/impaired-drivinghttp://www.cba.org/bc/public_media/automobiles/190.aspxhttp://www.servingitright.com/alcohol_effects_learn_4.html

Steve Martin http://www.youtube.com/watch?v=-0MXU3J6Qbs

OFFENCES AGAINST PROPERTYTHEFT - Taking property permanently or temporarily, without the owner’s permission.

- Colour of Right – The honest belief that you own or have permission to use an item. => Not Theft.

- See CCC Sec. 322.(1) p. 237 / Ex p. 237 (Last Paragraph)

- SENTENCING – Depends on the value of goods stolen.

Theft over $5,000 – Indictable up to 10 yrs.Theft under $5,000 – Hybrid with Max. = 2

yrs.

ROBBERY – Theft with violence or threats.Max = Life. / 40% of robberies = weapon (11% =

Guns)BREAKING AND ENTERING – Entering or breaking into something with-

out permission with the intent of committing an indictable offence.Max. = 10 yrs. for commercial // Life if a house (dwelling)

Society deems home a safe place of refuge.Are you committing a B & E if break into a home during a storm?? Yes / No

FUN ROBBERY Did You See My Face? During a robbery, one of the robbers' masks slid down. He looked at a man and asked, "Did you see my face?" The man said, "Yes!" The robber shot him. Then he asked Mrs. Truant, "Did you see my face?" She said, "No, but my husband over there did."

OTHER CCC OFFENCESMISCHIEF – Willfully interfering, destroying, or

damaging property or data.- Hybrid offence / If endangers lives = Life.

Public Mischief – Providing false info that misleadsinvestigationsex. “My car was stolen” (NOT!!)

FRAUD – Intentionally deceiving someone resulting in loss of property, $, or service.< $5,000 = Summary Fine or Indictable up to 2

yrs.> $ 5,000 = Indictable up to 10 yrs.

Mischief????

OTHER CCC OFFENCESPROSTITUTION – The act of engaging in sexual

activity for $.- The act itself is NOT a crime; the crime is

soliciting.- The prostitute and/or ‘John’ can be

charged.- Summary, no record, no prints etc.

- Procuring / Living of the avails (Pimps/Aiding) - Indictable – 10 yrs. / 14 yrs. if under 14.

GAMBLING – Gambling itself is not illegal.- Disorderly House – where illegal gambling occurs.

(Indic. – 2 yrs.)

- Poker games (No) / Horse Track needs gov’t. approval (Take %)

- Addiction!?!?!?!?

Pimps

Arresting Johns?Publish??Photos??

P. 243R v. Manion

DRUG OFFENCESThe Controlled Drugs and Substance Act

Deals with all illegal drugs/ controlled substances (See Schedule p. 245)

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DRUG OFFENCESPOSSESSION

Having knowledge and control over something.

Sentence varies with drug & history involved.

Three points: 1. Must be in control & know illegal. 2. Possession includes giving it to another to hold. 3. Guilt by association; Consent

= guilt.

TRAFFICKING

Involves the selling, giving, administering, or transporting of illegal drugs.

Crown must prove the intent of trafficking. (Quantity, paraphernalia, cash, names)

Intent only; does not need theactual act of selling.

LAUNDERING $

‘Hiding’ illegal cash or property.

Crown must prove: 1. Actus Reus 2. Mens Rea 3. Find the $ trail ($/aiding/accessory)

$5.1 MillionPaul Kane

p. 248 R v. Miller

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