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

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

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 = 10-15 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)

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.

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”

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.

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????

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 Steve Martin http://www.youtube.com/watch?v=-0MXU3J6Qbs http://www.icbc.com/road-safety/safer-drivers/impaired-driving http://www.cba.org/bc/public_media/automobiles/190.aspx http://www.servingitright.com/alcohol_effects_learn_4.html

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. 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?   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 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.

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!?!?!?!?

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

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

p. 248 R v. Miller

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