Criminal Code of Canada

Criminal Code of Canada

Other Criminal Code Offences

Mischief, fraud, prostitution and gambling are some of the more common Criminal Code offences that are not under crimes again a person or against property.

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Drug Offences

Levels of Offences

Prostitution

Mischief

Fraud

Gambling

There are three different types of Offences in the Criminal Code: Summary Conviction Offences, Indictable Offences, and Hybrid Offences. These are based on the seriousness of the crime.

In Canada, prostitution is not a crime in itself. The crime is the act of soliciting. Prostitution is defined as the act of eng in sexual services for money. Section 213 (1) states that either the prostitute or the client can be charged with soliciting if, in a public place, he or she: (a) stops or attempts to stop any motor vehicle, (b) inpeds the free flow of pedestrian or vehicle traffic or ingress to or egress from premises adjacent to that place, or (c) stops or attempts to stop any person, or in any manner communicates or attempts to communicate with any person, for the purpose of engaging in prostituion or of botating the sexual services of a prostitute.

Keeping a common bawdy house (A place used for the purpose of prostitution) is a summary offence. Living off the income from prostituion if an indictable offence with a mazimum penalty of 10 years inprisonment.

Mischief is listen under part XI of the Criminal Code. It may be committed in various ways, but is mainly in relation to property or data. One common form of mischief is vandalism, which is the act of destroying or defacing property. Mischief is committed by willfully destroying property or data, rendering property or data useless, interfering with the lawful use of property or interfering with any person in the lawful use of property or data. Mischief is a hybrid offence. Anyone found guilty of mischief that endangers someone else's life can be sentence to prison.

Public mischief is a different crime. It is listed under part IV of the Criminal Code. Public mischief occurs when someone provides false information that either misleads the police in their investigation or ticks them into thinking that a crime has been committed when no crime has taken place. It is also a hybrid offence.

Fraud is listed in the Criminal Code under part X. It is defined as intentionally deceiving someone in order to cause a loss of property, money, or service. To be convicted of fraud, the Crown must prove that the accused purposely intended to deceive. Types of fraud include falsifying employment records, failing to collect fares, manipulating the stock market, and forging trademarks. The penalties for fraud are determined by the value of the fraudulent transaction. When the fraud is under $5000, the Crown can charge the accused with either a summary offence punishable by a fine, or an indictable offence with a maximum penalty of two years imprisonment. When the fraud if over $5000, it is an indictable offence with a maximum penalty of ten years in prison.

Gambling itself is not a criminal offence in Canada, but there are many offences related to gambling. These offences include disorderly houses and illegal forms of betting. A disorderly house is defined as a common bawdy house, a common betting house or a common gaming house. A common betting house is a place where people bet among themselves, and the owner of hte house recieves a portion of the winning bet. A common gaming house is a place kept for profit where people play games, like poker, and the owner of the house keeps a portion of the winnings. Anyone who keeps a common betting or gaming house is guilty of an idictable offence and can be sentence to two years in prison. There are some exceptions, like horse betting or the bona fide social club.

The Controlled Drugs and Substances is a statute that deals with narcotics and other controlled drugs. It replaced the Narcotic Control and in 1997. Some of the more common drug-related offences are possession, traficking, and money laundering.

Indictable Offences

Summary Conviction Offences

Hybrid Offences

These offences are also called Dual Procedure Offence. This gives the Crown the choice to decide to try the case either as a Summary Conviction Offence, or and Indictable Offence. The Criminal Code always makes it clear when an offence is hybrid, by stating that it can be treated either in a summary or indictable basis. Hybrid offences are always treated as an Indictable until the Crown formally elects. The Crown's decision often depends on the circumstances of the particular case, like the accused back round.

These offences are more serious, and hold a heavier penalty than a Summary Conviction Offence. The Criminal Code establishes maximum penalties for these offences. This ranges from two years to a lifetime imprisonment. There are some maximum penalties for an indictable offence, such as life in prision for murder. The method for trying an indictable offence differs according to the severity of the sentence. The most serious indictable offences, such as murder and treason, must be tried in Superior Court. For an offence with a maximum penalty of five years imprisonment, the trial will be held in provincial court or the superior court of the province with a judge but no Jury. if the maximum penalty is over five years imprisonment, the accused can opt for trial in Supreme Court, either with a judge alone a judge with a jury.

These offences are minor, with a less severe penalty than more serious crimes. Committing a Summary Conviction Offence you may be fined up to $5000 and/or imprisoned for up to 6 months. These cases are usually processed through the court system fairly quickly, as treating a matter in a "summary fashion" means to deal with it quickly and simply. These offences are tried in provincial court before a judge without a jury. With the permission of the judge, the accused does not need to show up at court but must be represented by a lawyer.

Trafficking

Money Laundering

Possession

Trafficking means to sell, give, administer, transport, send, deliver, or distribute a controlled substance, to sell and authorization for a controlled subbstance, or to offer to do any of the above. Trafficking and the possession for the ose of trafficking apply to Schedule IV of the charter. To obtain a conviction for possession for the purpose of trafficking the crown must prove beyond reasonable doubt that the accused posses the controlled substance with the intention of trafficking. To convict someone of trafficking, the mere offer to sell a controlled substance may be sufficient.

Posession is the state of having knowledge of and control over something. Being in posession of narcotics is a criminal act. There are three inportant points to remember with possessions: first, the person in possession must know what the item is and have some measure of control over it, second, a person may be found in possession even if he or she gave the item in question to another person, and third, a person can be charged with possession even if the person does not own the controlled substance or have it in their possession, as long as the person knows about it and consents to its possession by someone else.

Money laundering is the practice of transferring cash or other property to conceal its illegal origin. Money laundering is a hybrid offence. To win a conviction, the Crown must prove the following elements: (a) Actus reus (which is extremely broad for money laundering). Any use, transfer, or possession of, sending or delivering, transporting, transmitting, altering, disposing of, or otherwise dealing with any proceeds of crime can be a criminal offence. (b) Mens rea, divided into two parts: the intention to conceal or convert the illegally obtained money, and the knowledge hat all or part of the money was illegally obtained. (c) "Subject matter of the offence" meaning the existence of the money obtained by committing a criminal offence, participating in a conspiracy or an attempt to commit an offence, counseling or being an accessory after the fact, or committing any act or omission related to an offence. The maximum penalty for money laundering in ten years imprisonment as an indictable offence. As a summary offence, the penalty is a $2000 fine and/or six months in prison.

Offences Against Property

Offences Against The Person

The Criminal Code protects private property through this section of the code. The most common offences in this category are theft, robbery, and breaking and entering.

These are crimes are against an individual, and are catagorized into three different categories: Homicide, Assault, and Sexual Assault

Assault

Homicide

Sexual Assault

Theft

Robbery

Breaking and Entering

The Criminal Code defines homicide as the following: A person commits homicide when directly or indirectly, by any means, causes the death of a human being. There are two types of Homicide. A culpable homicide is in which the accused can be held legally responsible. This is where someone intentionally causes the death of another person or shows such recklessness that these actions are likely to cause death. A non-culpable homicide is a killing in which the accused cannot be held legally responsible, such as a death caused by an unforeseeable accident. Homicide is broken into three sections: murder, infanticide, and manslaughter.

In 1983, new legislation was introduced classify sexual assault. There are now three levels of sexual assault:

-Level 1: This is the most common offence, sexual assault. This is where the victim suffers the least amount of physical injury. Sexual assault is defined as an assault that violates the victim's sexual integrity. It usually involves touching in a sexual manner that is not consented. This is a hybrid offence with a maximum penalty of 10 years imprisionment

-Level 2: This level is sexual assault with a weapon, threats to a third party, or causing bodily harm. It involved sexual assault in combination with threats or the use of weapons , or resulting in bodily harm. This carries a maximum penalty of 14 years imprisonment.

-Level 3: This level is aggravated sexual assault. It is defined as wounding, maiming, disfiguring, or endangering the life of a victim of sexual assault. The maximum punishment is life imprisonment.

Assault comprimises any one of the following actions: intentionally applying force to another person without their consent, attempting or threatening by an act or gesture to apply force, or accosting or impending another person while openly wearing or carrying a weapon.

The Criminal code classifies assault according to three levels of severity:

- Level 1: This level of assault is a hybrid offence and has a maximum penalty of five years imprisonment. Examples are: pushing someone or threatening someone.

-Level 2: This level is assault with a weapon or causing bodily harm. It is defined as injuring a person in a way that has serious consequences for the victim's health. It may also involve carrying, using, or threatening to use a weapon. It is a hybrid offence with a maximum penalty of 10 years imprisonment.

-Level 3" This is the most violent level of assault called aggravated assault. It is defined as wounding, maiming, disfiguring, or endangering the life of a victim. This is an indictable offence and had a maximum penalty of 14 years in prison.

Murder

Manslaughter

Infanticide

Murder is the intentional killing of another Human being. The Criminal Code classifies murder into two categories: first-degree and second-degree. A killing qualifies as first-degree murder in any of the situations: It is planned and deliberate, one person hires another to commit the murder, the victim is a police officer, a prison employee, or any person employed for public peace, or the murder is caused while committing or trying to commit another serious offence. Second-degree murder is any murder that does not fit into any of the above situations. The minimum sentence for both types of murder is life imprisonment. The only difference is the time the offended can apply for parole. A first-degree offender must serve 25 years before qualifying for parole, but an offender convicted for second-degree can apply for parole after serving 10-15 years.

The Criminal Code defines manslaughter as any culpable homicide that is not murder or infanticide. The actus reus of manslaughter consists of killing someone through and unlawful act. An example of manslaughter is a killing that happens during a barroom brawl: meaning to hurt someone but not having the intention of killing them. The mens rea for the offence is that any reasonable person could have forseen that the wrongful act could cause bodily harm. To be found guilty of manslaughter the offender did not have to forsee that the wrongful act could cause death. A charge of manslaughter can be brought in the case of criminal negligence that results in death. Anyone who does anything or fails to do anything that is their duty to do that shows reckless disregard for the lives of either is criminally negligent.

Infanticide occurs when a mother kills her newborn child. These cases are very rare in Canada. All three of the following circumstances must be present for the case to be considered infanticide: The accused is the natural mother of the victim, the victim is less than 12 months old, and at the time of the killing the accused was suffering from a mental disturbance caused by not being able to recover from giving birth to the child. The maximum punishment for these types of offences is five years imprisonment. A mother can plead to the lesser charge of infanticide when being charged with second-degree murder based on the defence that she was suffering with a mental illness at the time.

Robbery is defined as theft involving violence or the threat of violence. The seriousness of the offence is clear by its maximum penalty (life imprisonment)

Theft is the taking of property, permanently or temporarily, without the owners consent. The Criminal Code defines theft like this:

322. (1) Everyone commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to use of another person, anything, whether animate or inanmiate, with intent

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or his property or intrest it;

(b) to pledge it or deposit it as security;

(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or

(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted.

Sentencing for theft depends on the value of the goods stolen. Theft of goods worth more than $5000 is known as theft over and is a indictable offence with a maximum penalty of 10 years imprisonment. Theft of goods under $5000 is known as theft under and is a hybrid offence with a maximum penalty of two years imprisonment.

This crime not only involves breaking into a place, but also having the intent to commit an indictable offence once inside. The place is usually a home, a commercial building, or some other structure. Just breaking in without any other crime is not considered breaking and entering. If the break and enter happens in a home, the maximum penalty is life in prison compared to if it happens in a commercial building in which maximum penalty is 10 years imprisonment.

Suicide is no longer a criminal offence in Canada, however anyone who counsels a person to commit suicide is guilty of an indictable offence.