Criminal Offences

1. Criminal Offences

2. Reasons for Crime Several factors have been found to be related to the cause of criminal behaviour. Can you name some? Research has shown that the factors listed below have impact on criminal behaviour. • Poverty • Recidivism (repeat offenders) • Emotional Stress • Mental disturbance • Drug and alcohol abuse • Violence in the home • Lack of education Rank the above factors in terms of their significance in contributing to criminal behaviour.

3. Research suggests… • Poverty • Drug and alcohol abuse • Violence in the home • Mental disturbance • Emotional stress • Lack of education • Recidivism

4. Levels of Offences Summary Offences: • Minor offence • Carries a relatively light sentence (Fined up to $2000.00 or up to 6 months in jail) • Usually proceeds through court system fairly quickly • Tried in Provincial Court • Accused does not have to appear in court but can be represented by a lawyer

5. Levels of Offences (Page 222 Figure 9.2)

6. Levels of Offences Indictable Offence: • Serious crime; carries a heavier penalty than summary offence • Criminal Code establishes minimum and maximum penalties for indictable offences depending on the crime • Most indictable offences are tried in the Superior Court of the Province, BUT if the maximum penalty is less than 5 years in prison, then it will be heard in Provincial Court by a Judge only.

7. Levels of Offences Hybrid Offences • Is an offence that the Crown can decide to try either as a summary conviction or an indictable offence • Always treated as indictable until charges are laid in court • Crown’s decision often depends upon the circumstances of the case (such as: Repeat offender? Violence involved? Is the accused remorseful?)

8. Hybrid Offence: Example Connie has been charged with theft of CDs worth $100. She has never been arrested before and has a steady job. In this case, the Crown may decide to proceed on a summary basis and receive a light penalty such as a fine. What might this be suitable? • If Connie had a long record of arrests for theft and if she had stolen thousands of dollars worth of CDs, then the offence would have likely been categorized as indictable and Connie might have been making her way to the big house!

9. Chart: Types of Offences (page 223 Figure 9.3)

10. Case: R. v. Quinlan(Page 224) Section 334 of the C.C.C. states: …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 five thousand dollars or; • Is guilty (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or (ii) of an offence punishable on summary conviction, where the value of what is stolen does not exceed five thousand dollars. • Did Quinlan commit a summary, indictable or hybrid offence? Explain. • If the payment had been less than $5000, what type of offence would Quinlan have committed?

11. Summary, Indictable or Hybrid? • Sheet: Guess is each case is a summary offence, an indictable offence or a hybrid offence

12. Fast Fact In Canada about 1 in 10 people have a criminal record

13. Offences Against the Person • Includes violent crimes in which the victim is threatened, injured or killed

14. Homicide The C.C.C. defines homicide as: 222. (1) A person commits homicide when directly or indirectly, by any means, he causes the death of a human being.

15. Homicide Two types of homicide: • Culpable: is a killing for which the accused can be held legally responsible or shows such recklessness that his/her actions are likely to cause death b) Non-culpable: a killing for which the accused cannot be held legally responsible, such as a death caused by an unforeseeable accident.

16. Culpable or Non-culpable? What about… • Executions? • Solider acting in times of war? • An individual defending oneself or another person?

17. Murder • The intentional killing of another human being • Form of culpable homicide • Two types: First-Degree Second-degree

18. First-Degree Murder • It is planned and deliberate • One person hires another to commit murder • If the victim is a police officer, prison employee or other person employed for the preservation and maintenance of the public peace • If the murder is caused while committing or attempting to commit another serious offence , such as hi-jacking, sexual assault, kidnapping, forcible confinement, hostage taking, etc. In these situations murder does not have to be planned and deliberate in order to qualify as first degree. Punishment: Life in prison; no chance of parole for 25 years

19. Second-Degree Murder • Murder that does not fit into any of the first-degree murder categories, but is still caused intentionally. Sentence:Life in prison; no chance of parole for at least 10 years

20. Infanticide Infanticide occurs when a mother kills her new born child. This is very rare in Canada All 3 of the following circumstances must be present for the crime to be considered infanticide: a) the accused must be the natural mother of the victim b) the victim must be less than 12 months old c) at the time of the killing, the accused must have been suffering from a mental disturbance caused by not being able to recover from giving birth to the victim

21. Hmmm… Nelson and Angelo started fighting in the Flaming Onion Tavern. Nelson knocked Angelo backward with a blow to the jaw, and Angelo hit his head on a corner of a pool table. He died later that night from internal bleeding by a severe concussion. Nelson had wanted to hurt Angelo, but he did not mean to kill him. Nevertheless, Angelo died as a direct result of Nelson’s wrongful act. The police arrested him. Can they charge him with murder? Explain.

22. Manslaughter Section 234 of the C.C.C. defines manslaughter as: Any homicide that cannot be classified as murder or infanticide • Killing someone through a wrongful act, even if the killing was not intentional. Example: Maria is speeding and loses control of her car and kills a pedestrian. Although she did not mean to kill the pedestrian, she should have recognized that speeding could physically harm or kill someone.

23. PROVOCATION • A charge of murder can be reduced to manslaughter IF the accused can show provocation on the part of the victim. Did the victim do something so insulting or outrageous that it caused the accused to lose self-control?

24. PROVOCATION EXAMPLE • Derrick and Li are arguing in Li’s kitchen. As the argument grows more heated, Derrick gets frustrated and spit’s in Li’s face. Li is so enraged that he grab’s a knife from the counter and plunges it into Derrick’s chest, killing him instantly. Since Li acted “in the heat of passion caused by sudden provocation”, it is likely he will be allowed to plead to manslaughter rather than murder. • Note that in the case of manslaughter there is no cooling off period; if Li goes home after Derrick spits on him and broods on the matter before killing Derrick two days later, then something “planned and deliberate” has occurred and Li will be charged with murder.

25. R. v. Mafi (2000) Page 226 • Why was Mafi charged with second-degree murder rather than first-degree? • Why do you think that Mafi’s parole eligibility was set at 20 years instead of the usual period of 10 years?

26. R. v. Turner (1995) Page 229 • Explain why John Ryan’s mother was charged with manslaughter rather than infanticide. • Do you think the Turners should have been charged with murder rather than manslaughter? Explain.

28. Assault is the most common form of violent crime. In 1999, 75% of all cases of violent crimes in Canada were assault related.

29. Assault • Threatened or actual physical contact without consent. Words themselves cannot be considered an assault; they must be accompanied by an act or gesture.

30. Level 1 Assault Level 1 assault is a hybrid offence- maximum penalty 5 years in prison Any one of the following actions: • Intentionally applying force to another person, (directly or indirectly) • Attempting or threatening to apply force by an act or gesture • Approaching or blocking the way of another person while openly carrying a wearing or carrying a weapon or imitation of a weapon

31. You be the Judge! An Angus Reid survey recently noted that 16% of Canadians thought it should be a criminal offence for a parent to spank a child. Men and women equally opposed making spanking a criminal offence. Should it be a criminal offence for a parent to spank a child?

32. Level 2: Assault with a weapon or assault causing bodily harm • Hybrid offence- maximum penalty 10 years in prison • Committing an assault while carrying, using or threatening to use a weapon or an imitation of a weapon, or causing bodily harm

33. Level 3: Aggravated Assault • Most violent • Indictable Offence and carries a maximum sentence of 14 years in prison • Defined as severely wounding, maiming, disfiguring or endangering the life of the victim.

34. Video Presentation • The Code: Assaults on the Ice?

35. R. v. Robert, R. v. Foisy (2000)Page 230 1)Do you agree with the Judge’s decision and sentence in this case?

36. You be the Judge! In Texas, some sex offenders have been ordered to post signs declaring their whereabouts, such as “Danger: Registered Sex Offender Lives Here.” Texas law also requires the publication of sex offenders’ pictures and addresses. In Canada, police sometimes warn the public that a sexual offender has moved into an area.

37. Sexual Assault • Touching of a sexual nature that is not invited or consensual

38. Level 1-Sexual Assault • The most common (97% of all cases) • Victim suffers the least physical injury • Usually involves touching that is not invited or consensual • Hybrid Offence- maximum penalty is 10 years

39. Level 2: Sexual assault with a weapon, threats to a 3rd part or causing bodily harm • Carries, uses or threatens to use a weapon or an imitation of a weapon • Threatens to cause bodily harm to the complainant or another person • Causes bodily harm to the complainant • Indictable Offence: Maximum 14 years in prison

40. Level 3: Aggravated Sexual Assault • Most violent level of sexual assault • Indictable Offence- maximum sentence: life in prison • Defined as wounding, maiming, disfiguring or endangering the life of the victim.

41. Consent Consent is a valid defence to a charge of sexual assault if the accused person had an honest and reasonable belief that the victim was consenting to sexual contact. However, consent cannot be used as a defence in 3 instances: • If a victim said “no”- either by words or conduct (repulsing physical advances or struggling to escape an embrace) • If the accused is intoxicated at the time • If the accused person was reckless or deliberately blind to the victim’s responses or failed to take reasonable steps to find out if the victim was consenting

42. How much do you know? www.yd.com

43. According to the Criminal Code, what is the BAC limit (blood alcohol concentration) above which it is forbidden to drive a vehicle?A. 0.08%B. 0.8%C. 0.008%D. 0.88%

44. Lending your driver's licence to someone else is:A. permitted in cases of emergencyB. permitted if that person can drive safelyC. inadvisable and illegalD. possible only if that person already has a driver's licence, but forgot it at home

45. When a school bus stops with its red signal lights flashing, the law requires drivers to:A. stop until the bus proceeds or the signal lights are deactivatedB. to do as they please as long as they tap the hornC. wait for approaching vehicles to passD. slow down and then be extra careful while passing

46. On a one-way road, if a lane is closed, who should be given the right-of-way?A. the first driver to signal his or her intentionsB. the driver on the closed laneC. the driver on the open laneD. the first driver to reach the open space next to the obstacle

47. When towing a trailer on a public road, what is illegal to transport in the trailer?A. passengersB. explosivesC. firearmsD. flammable materials

48. This hazard marker indicates?A. end of the roadB. pass on either side of the obstacleC. pass to the right of the obstacleD. pass to the left of the obstacle

49. This sign indicates:A. level crossing on tributary road near intersection aheadB. angle of track at level crossing aheadC. angle of tributary road, intersection aheadD. level crossing ahead

50. What is the meaning of this sign?A. truck crossing aheadB. slow moving lane for trucks climbing a steep hillC. minor road repairs aheadD. construction for 1 km