Three Types of Offences Criminal Law Three Types of Offences

Brainstorm What comes to mind when you think of criminal justice? Friends Personal Experience Family TV and Movies (Law and Order) (CSI) Personal Interest school Rumors And hearsay News

Fundamental Principles of Criminal Justice The Presumption of Innocence: Anybody charged to a crime is presumed to be innocent. The crown (state) is responsible to prove the defendant guilty. The Burden of Proof: the defendant must be released unless the crown proves guilt beyond a reasonable doubt Habeas Corpus: the right not to be detained or imprisoned unlawfully. If the crown can't show cause, the person must be released.

Fundamentals continued The Right to a Fair and Speedy Trial: Fairness - assured by jury, unbiased judge, rules, etc. Speed – 100 000 drunk driving cases were thrown out of court in Ontario because they had taken too long Equality Before the Law: “Justice is Blind” not young/old, rich/poor, male/female, culture, religion, etc. a.k.a. “rule of law” – no one is above the law British common law: Based on British law Includes: protection against self-incrimination, protection of being tried for same offence twice (double-jeopardy), use of precedent

Crime: Canadian Definition a violation of a law that prohibits specific activities, and for which there is a punishment that is set out by the state In Canada, a crime is anything that is defined by Parliament to be a crime.

Criminal Law Deals with offences committed against society Example: “break and enter” Charged under the criminal code (determined by parliament – reflects the values of society) If found guilty – fined, imprisoned or community service Penalties fail to compensate the victim Victims must sue for damages under civil law

Criminal Law Criminal Law is intended to maintain order in society. Criminal Law emphasizes prevention and penalties. The criminal justice system focuses on rehabilitation and retribution.

The Power to make Criminal law 1867 – Provinces gave jurisdiction over criminal law to the federal parliament to decide which actions were crimes and set punishments for crimes Activities covered by provincial or municipal laws for which there are penalties similar to those for criminal acts, are not “crimes” per se, but are generally referred to simply as “offences” or “Quasi-Criminal Law”. i.e., speeding, not wearing a seatbelt, drinking under age

Criminal Law As with any effective set of laws, criminal law is constantly evolving with the ever changing needs of society. As values and beliefs change within a society, so to do the laws. Examples include: Decriminalization of homosexuality. Euthanasia Gun control Abortion Pornography

Defining a Crime Certain conditions must exist for an act to be considered criminal: The action must be considered harmful to other people, and society as a whole. The action must violate the basic values of society. There must be a procedure in place within the justice system to deal with criminal transgressions.

Criminal Code The Criminal Code is the main source of criminal law in Canada. Crimes are categorized in the Criminal Code This is a federal statute Contains three categories of offences: Offences Against People Offences Against Property Offences Against Morality Murder, manslaughter, assault, sexual assault More violent crime in cities or northern parts of Canada Often associated with drugs and alcohol Theft, robbery, break & enter, mischief, fraud Property takes many forms – can be ideas, words or images for instance Gambling, prostitution, obscenity Crimes in this category often change over time as society’s views of right and wrong change

Other Sources of Criminal Law The Controlled Drugs and Substances Act is also a body of criminal law. The Youth Criminal Justice Act is also a body of criminal law. No criminal law can conflict with The Charter of Rights and Freedoms.

Types of Criminal Offences There are three types of criminal offences: Summary Convictions Offences Indictable Offences Hybrid Offences

Summary Conviction Offences Are minor criminal offences. People charged with these offences can be arrested and summoned to court very quickly. The maximum penalty for a summary offence is $2000 and/or six months in jail. Example: The maximum penalty for possession of a narcotic is $2000 and/or 6 months in jail.

Examples of Summary Offences: Loitering on private property Cause disturbance Harassing telephone calls

Indictable Offences Are the more serious criminal offences, and carry more severe penalties than summary convictions. There is a maximum penalty for each offence – up to life imprisonment (eg. Homicide). The Trial Judge decides the actual penalty. Some indictable offences also have a minimum penalty (eg. Impaired Driving can range from $600 fine to five years behind bars depending on the number of previous offences)

Examples of Indictable Offences: Offences which involve a weapon. Sexual offences Fraud Forgery of currency Proceeds of crimes Trafficking narcotics

Hybrid Offences Are those where the Crown attorney has the right to proceed summarily, and impose a less severe punishment, or to proceed by indictment. Theft is an example of a Hybrid Offence. Everyone who commits theft: is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, where the value of what is stolen exceeds $5000; or is guilty of an indictable offence not exceeding two years, or punishable on summary conviction where the value of what is stolen does not exceed $5000.