Crimes against the person (continued) Assault

Assault: 82% of all reported violent crime in Canada Three levels: 1.Assault, Level one, hybrid offence, maximum five years - Intentionally applying force to someone, directly or indirectly, without their consent - Attempting or threatening by an act or gesture to apply force - Accosting or impeding another person or begging while opening carrying or wearing a weapon

2.Assault with a weapon or causing bodily harm, Level 2, hybrid offence, maximum 10 years - injuring a person in a way that has serious consequences to the person’s health or comfort - carrying, using, or threatening to use a weapon while assaulting a person

3. Aggravated assault, Level 3, indictable offence, maximum 14 years - wounding, maiming, disfiguring, endangering the life of the victim

Sexual assault: 1.Sexual assault, Level 1, (97% of sexual assault cases), least physical harm, hybrid offence, maximum 10 years - touching of a sexual nature that is not invited or consensual - violates the victim’s sexual integrity

2. Sexual assault with a weapon, threats to a third party; or causing bodily harm, Level 2, indictable, 14 years max. 3. Aggravated sexual assault, Level 3, indictable, maximum life - wounding, maiming, disfiguring, or endangering the life of the victim of a sexual assault

Defence to sexual assault: Consent (honest and reasonable belief that the victim was consenting) This defence cannot be used where: 1. the victim said “no” by words or conduct 2. the accused was so intoxicated as to have been unable to tell if consent was given 3. accused was reckless or wilfully blind as to victim’s responses or failed to take reasonable steps to find out if victim consented.

Page 233 Read the case and answer questions 1, 2 and 3.

Crimes against the person (cont’d) -Counselling another to commit suicide -Assisting another in committing suicide unless medical professional under new law..

-Motor vehicle offences -Dangerous operation of a vehicle, hybrid, maximum 5 years -Dangerous operation of a vehicle causing bodily harm, indictable, 10 years -Failure to stop at the scene of an accident (hit and run) hybrid, maximum 5 years. Where there is an injury, hybrid, 10 years. Where there is death, indictable, life.

hit and run

impaired driving (proof – signs of impairment) driving with a blood/alcohol level over.08milligrams in 100 ml blood (proof – breathlyzer) hybrid offences (impaired, refusing to give sample), penalty increases with number of offences and the circumstances of the offence. If death occurs, indictable, max. life

Crimes against property Theft (see page 237, text for definition) - sentencing depends on value of goods stolen (less that $5000, left under, hybrid, max. 2 years; more than $5000, theft over, indictable, max. 10 years) - defence = colour of right: an honest belief by the accused that he owns or has permission to use the property.

Robbery: theft involving violence or threat of violence (40% of theft involves the use of a weapon, 11%, a gun). : indictable, max. life Break and enter: breaking into a place and having the intent to commit an indictable offence once inside (ie. Robbery)