3.9 TYPES OF OFFENCES. CLU3M Criminal Law

Transcription

1 3.9 TYPES OF OFFENCES CLU3M Criminal Law

2 Summary Conviction Offences Minor offences with less severe penalties $2000 and/or 6 months in prison Dealt with quickly and simply- no jury only a judge Accused does not necessarily have to appear in court Theft under $5000

3 Summary Conviction Offences Category Limitation Period Prosecution Summary Offence Documents detailing the charges must be filed within six months of the date of the offence Private person may prosecute if Crown refuses to lay charges Pretrial Procedures Type of Court Method of Trial Presence of Accused No preliminary hearings Provincial Court No jury trials Not required, may be represented by a lawyer Penalties Criminal Record Limited to fines up to $2000 and/or six months in prison A criminal record results from a conviction on a summary offence

4 Indictable Offences Serious crimes with severe penalties The Code established the maximum punishments (2 years to life) Sometimes the Code indicates a minimum penalty as well Method of the court varies with each punishment Option of jury in some cases, mandatory in others

5 Indictable Offences Category Limitation Period Prosecution Pretrial Procedures Type of Court Method of Trial Presence of Accused Penalties Criminal Record Indictable Offence No limitation on time when the offence may be prosecuted Private person may prosecute with permission of the Crown, but it is almost always the Crown that prosecutes Preliminary hearings may be held Tried in Provincial or Superior Court Accused may choose to be tried by judge alone or judge and jury Required Heavier penalties allowed, up to life in prison A criminal record results from a conviction on an indictable offence

6 Hybrid Offences The Crown can decide to try these cases as either summary or indictable The Code always makes it clear when the offences is hybrid or not by stating it can treated either way The Crown chooses- therefore they always start as indictable The Crown has to take in a large amount of information to decide which path to choose

7 Summary Conviction Offence Less serious offence Ex.public nudity cruelty to animals trespassing Indictable Offences More Serious Offence Ex.perjury arson murder Hybrid Offence Seriousness varies according to the circumstances of the offence Ex.theft under $5000 Public mischief Sexual assault

8 R v Mitchell (2006) Mahy was charged with theft from her employer on two separate occasions. She pleaded guilty to the first incident and not guilty to the second. In the second incident, evidence indicated that the defendant, who was working in the store, approached the sales counter with her father. She reached over the counter, took a roll of security tape used to indicate that items have been paid for, and marked the merchandise with it. She then put the item at the end of the counter, where things that have been scanned by the bar-code reader are usually placed. Mahy then handed the cashier a pair of jeans and said, here, ring these in and gimme my staff discount. These were paid for but the other item was not. Mahy s dad then left the store with both items

9 R v Mitchell (2006) What type of offence would Mahy be charged with? What sentence would you impose in this case? Why?

10 Activity With a partner, categorize the offences listed as either Indictable, Summary or Hybrid Theft Under $5000 Arson Appearing Nude in a Public Place Theft from Mail Second-Degree Murder Fraud under $5000 Trespassing at Night Making Harassing Phone Calls Unauthorized use of a computer Causing Unnecessary Suffering to Animals Impaired Driving Causing Death

11 Activity Theft Under $5000- Summary Conviction Arson- Indictable Offence Appearing Nude in a Public Place- Summary Conviction Theft from Mail- Hybrid Conviction Second-Degree Murder- Indictable Offence Fraud under $5000- Summary Conviction Trespassing at Night- Summary Conviction Making Harassing Phone Calls- Hybrid Offence Unauthorized use of a computer- Indictable Offence Causing Unnecessary Suffering to Animals- Hybrid Offence Impaired Driving Causing Death- Indictable