Criminal Code Classifications of Offences Lecture notes PDF

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February 16, 2018 Criminal Code Classification of offences, Powers of arrest Criminal offence: offence against a federal statue Burden of Proof: The responsibility of proving that an offence took place lies on the crown Reasonable Doubt: Real doubt after considering all the circumstances in the case- not being able to say “I am morally certain of the accused guilt” Reasonable Grounds: A set of facts and circumstances that would lead a ordinary caution and prudent person to have a strong belief beyond mere suspicion Prima Facie Case: What the crown must prove in order to get a conviction in the absence of evidence to the contrary Facts in issue: what must be presented in court to prove a prima facie case, time, date, location, identity of the accused and elements of the offence Precedent: Rule to be followed in similar cases- judge must follow the decisions o higher court judges and must consider decisions of the same-level courts Statue Law: laws made by provincials and federal legislatures Offence: act or omission violates a law and from which some from of punishment follows  Act: something done or committed  Omission: a failure to do something that is required by statue or by common law Summary Conviction: Max $5000/or 6 months in jail. Heard by Ontario court of Justice, no preliminary hearing. Indictable: Penalty set out in the section, varies according to type of offences. Provincial/Territorial, judge alone, Superior Court of Justice (judge alone or judge and jury) Hybrid/dual procedure: crown may choose to proceed either by summary conviction or by indictment Arrest: for purposed of arrest, all dual procedure offences will be considered indictable

Arrest without warrant  S 494(1) CC  S 494(2) CC Police Powers of Arrest Section 495(1) CC  Finds committing criminal offence  Knows has committed an indictable offence  Reasonable grounds to believe has committed an indictable offence  Reasonable grounds is about to commit and indictable offence  Reasonable grounds to believe there is a valid warrant outstanding in the territorial jurisdiction Section 31(1) Breach of the peace Limitation Section 495(2)  The officer may not arrest and must release once the following conditions are met: RICE and the 4 p’s  Repetition: continuation of the offence  Identify of the accused- verified  Court; Ensure appearance in court  Evidence: Protect and/or keep evidence Public Interest:  Protection of the public interest  Protection of the accused  Protection of property  Prevent a breach of the peace Warrant for Arrest- Form 7  Information is laid  Judge decided whether to issue summons or warrant for arrest  Judge just believe the arrest is in the public interest or if the accused had previously disobeyed a form of release...