1. CRIMINAL OFFENCES CRIMINAL CODE OF CANADA Constantly changing
See Case p. 219

2. LEVELS OF OFFENCES SUMMARY CONVICTIONS
Less serious & lighter sentences
$2,000 & 6 months
($5,000)
Completed quickly
Prov. Court
-no jury
Determined
by CCC
INDICTABLE
OFFENCES
Serious crime &
higher sentence
2 Yrs. => Life
Some minimum
Sentences.
- Ex. Murder = Life
- Gun+Robbery = 4 yrs.
Level of court =
type of crime.
> 5 yrs. = Superior w.
judge (& jury)
HYBRID/DUAL
OFFENCES
Tried as Summary or
Indictable.
Starts as Indictable;
may be lowered
Seriousness of case
determines how you
will be charged.
Past history may
also be
involved.
Page 223, Case: R. v. Mitchell
P. 224 #4 Grid Search

3. HOMICIDE MANSLAUGHTER INFANTICIDE 1ST DEGREE (25 yrs =Parole)
Any 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
INFANTICIDE
Killing of a newborn
By the mother. (5yrs.)
- natural mom
- under 12 mo.
- mental disturbance
1ST DEGREE (25 yrs =Parole)
Planned & deliberate
Hires a hit man
Victim = police officer
During a serious offence
- sex assault, hijack, etc.
P. 227, Case: R. v. Effer
CULPABLE (Defn. Blamable)
You are legally responsible
MURDER
Intentional Killing of
another. (Life)
HOMICIDE
The killing of another
2ND DEGREE
Any murder that does
Not = 1st Degree
Parole = yrs.
Note – Degree of Recklessness (Video)
NON-CULPABLE
You are NOT legally responsible
SELF-DEFENCE
Necessary Force
ACCIDENT
No Intent
Not Manslaughter
MILITARY
SERVICE
Soldiers duty
ASSIGNMENT p. 236 # 1-5
Samples – Bank robber shoots teller
Shoots gun into classroom.
Prank gone wrong (Rocks off cliff)

4. 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.

5. THREE LEVELS OF SEVERITY
ASSAULT
82% OF ALL VIOLENT CRIME
THREE LEVELS OF SEVERITY
LEVEL 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”

6. SEXUAL ASSAULT Used to be rape or indecent assault.
Renamed to emphasize physical violence.
LEVEL 1
97% of sex assaults
non-invited / non-consensual touching of a sexual nature.
Hybrid Offence = max. of 10 yrs.
LEVEL 2
With a weapon, threats, or injury.
Max. = 14 yrs.
LEVEL 3
Aggravated – wounding, maiming, disfiguring, endangering.
Max.
= Life
DEFENCE – Consent is a defence if accused honestly believes consent was given.
P. 233, R. v. Ewanchuk
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.

7. Sue Rodriguez with NDP Svend Robinson
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 Robinson
Assisted suicide????

8. 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!!!!

9. 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
Steve Martin

10. OFFENCES AGAINST PROPERTY
THEFT - 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 / 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

11. FUN ROBBERY Did You See My Face?
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."

12. OTHER CCC OFFENCES
MISCHIEF – Willfully interfering, destroying, or damaging property or data.
- Hybrid offence / If endangers lives = Life.
Public Mischief – Providing false info that misleads
investigations
ex. “My car was stolen” (NOT!!)
Mischief????
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.

13. OTHER CCC OFFENCES
PROSTITUTION – 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.
Arresting Johns?
Publish??
Photos??
P. 243
R v. Manion
Pimps
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!?!?!?!?

14. The Controlled Drugs and Substance Act
DRUG OFFENCES
The Controlled Drugs and Substance Act
Deals with all illegal drugs/ controlled substances (See Schedule p. 245) X

15. Having knowledge and control over something.
DRUG OFFENCES
POSSESSION
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 the
actual 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 Million
Paul Kane

16. p. 248 R v. Miller

17. X X

18. X X

19. X X