CHAPTER 8 CRIMINAL OFFENCES

Transcription

1 3 ans Offences Against Propertynotebook CHAPTER 8 CRIMINAL OFFENCES Offences Against Property A THEFT Definion of the most oen reported crime in Canada The Criminal Code definion of the: 322 (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, 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 of his property or interest in 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 Scenario: Colour of right: Sentencing depends on the value of the goods stolen: The over o refers to goods worth o indictable offence o maximum penalty is years in prison The under o refers to goods worth o hybrid offence o maximum penalty is years in prison 1

2 3 ans Offences Against Propertynotebook B ROBBERY Definion of robbery maximum sentence is in prison C BREAKING AND ENTERING Breaking and entering involves maximum penalty is years in prison if the place broken into is a commercial building maximum penalty is in prison if the place broken into is a residenal building 2

3 3 ans Offences Against Propertynotebook Other Offences A MISCHIEF listed in Part XI of the Criminal Code Wilful and Forbidden Acts in Respect of Certain Property The Criminal Code definion of mischief: 430 (1) Every one commits mischief who wilfully (a) destroys or damages property; (b) renders property dangerous, useless, inoperative or ineffective; (c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or (d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property Mischief in relation to data (11) Every one commits mischief who wilfully (a) destroys or alters data; (b) renders data meaningless, useless or ineffective; (c) obstructs, interrupts or interferes with the lawful use of data; or (d) obstructs, interrupts or interferes with any person in the lawful use of data or denies access to data to any person who is entitled to access thereto both types of mischief (property and data) are hybrid offences if the mischief endangers the life of someone, the maximum penalty is in prison Scenario: public mischief is most common example of public mischief is falsely reporng a car as stolen hybrid offence 3

4 3 ans Offences Against Propertynotebook B FRAUD Fraud is if the value of the fraudulent transacon is less than $5 000, the penalty can range from a (if charged as a summary offence), to years in prison (if charged as an indictable offence) if the value of the fraudulent transacon exceeds $5 000, it is automacally an indictable offence and the maximum penalty is years in prison 4

5 3 ans Offences Against Propertynotebook C PROSTITUTION Prostuon is defined as the act of prostuon itself is not a criminal offence, but the act of solicing (communicang for the purpose of prostuon) is the offence according to the Criminal Code, either the prostute or the client can be charged with solicing if, in a public place, he or she o tries to stop a vehicle, or o blocks the flow of pedestrians or traffic, or an entrance or exit, or o tries to stop a person or tries to communicate with a person for the purpose of obtaining the sexual services of a prostute summary offence keeping a common bawdy house a summary offence living off of income from prostuon is an indictable offence o maximum penalty is years in prison if the prostute is over 18 o maximum penalty is years in prison if the prostute is under 18 is also 5

6 3 ans Offences Against Propertynotebook D GAMBLING the act of gambling itself is not a criminal offence a disorderly house is this is a place where people bet among themselves and where the keeper of the house takes a poron of the winning bet indictable offence maximum penalty is years in prison excepons: o clubs that are formed for people to gather socially, but where no one is making a profit (such as card-playing) o be:ng at a horse racing track, as long as the track has government approval 6