Criminal Offences In Canada Law 12

Crime In Canada Since 1992 the crime rate has been dropping in Canada. This is the case for both property and the total crime rate. Since 1992 the violet crime rate has been unchanged. – Why then are we increasing jails and punishment? Any one convicted of a crime summary or indictable will end up with a criminal record.

Homicide Homicide: – when one person is responsible for killing another, either directly or indirectly Culpable: means that the accused can be held legally accountable Non –Culpable: Is when the accused may have caused the death but is not legally responsible

Culpable homicide Murder: – Intentionally killing another person 1st Degree: – Planned and deliberate – Contracted – Police or peace officer – Caused while committing another indictable offence. 2nd Degree – When it does not fit the above categories – Both if convicted result in a life imprisonment. Difference in penalty lies in when an individual is eligible to apply for parole. 1 st degree is at 25 years 2 nd degree is at 10-15

Culpable Cont… Infanticide – Killing of a newborn by a mother. Must be natural mother, under 12 months old, having psychological issues. Max penalty 5 years Manslaughter – Killing of someone through an unlawful act, when the killing was not intentional. Max penalty is 10 yrs Provocation as a defence.

Non-Culpable Accident Self defence Military service

Other issues Assisted Suicide – Helping or counselling a person to commit suicide is illegal. Second degree murder Euthanasia – Mercy killing, (Latimer)

Assault Assault: level one – Max penalty 5 years – Intentionally applying force to another or threatening too. Assault causing bodily harm (or assault with a weapon): Level 2 Victim requires medical attention. Aggravated assault: Level 3 Life threatening, maims or disfigures.

Sexual Assault Sexual Assault; level one. Unwanted sexual activity, touching, blocking etc… Max penalty 10 yrs Sexual Assault causing bodily harm / weapon Weapon or physical harm to a victim. Max 14 yrs Aggravated sexual assault Sexual attack so severe that persons life is at risk or maimed / disfigured.

Consent: is the main factor in sexual assault as a person must enter voluntarily in to sex and may stop at any time. – Not asking consent is willful blindness Rape Shield – Sexual reputation can not be used unless judge feels it will add fairness to the trial Age of consent: – , , – 18 when in position of trust – If under 16 must be with in 2 years of age.

Misc… Person Laws Abduction: forcible removal of an unmarried person under the age of 16 from their care giver. Kidnapping: removal of a person by force against their will. Robbery: Illegally taking someone’s property while using violence of threats of violence.

Property Crimes Arson: – intentionally causing damage by fire. – 14 yr max penalty if bodily harm is also caused life in prison Theft: – Taking someone's property with out consent Identity theft – Using someone's personal information without their consent to commit a crime Break and Enter – Opening a closed door or window and entering without permission