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Criminal Code offences 6 Flashcards

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1
Q

PROPERTY RELATED OFFENCES Part IX of the Criminal Code.

A

POSSESSION OF PROPERTY OBTAINED BY CRIME.
THEFT
THEFT OF MOTOR VEHICLE
TAKE MOTOR VEHICLE WITHOUT CONSENT
FRAUD
BREAK AND ENTER
POSSESSION OF BREAK-IN INSTRUMENTS
MISCHIEF

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2
Q

POSSESSION OF PROPERTY OBTAINED BY CRIME

A

section 354(1) of the Criminal Code

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3
Q

“Possession” is defined

A

section 4(3) Criminal Code.

Personal Possession
Constructive Possession
Joint possession -Definitions

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4
Q

“Property” is defined in Criminal Code and includes

A

Real property
Personal property

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5
Q

THEFT Punishment Sec.

A

S 334 CC is general punishment section
Robbery 344 (1)

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6
Q

Motor vehicle theft

A

333.1 (1) CC
Taking motor vehicle or vessel or found therein without consent 335 (1)

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7
Q

TAKE MOTOR VEHICLE WITHOUT CONSENT

A

section 335 of the Criminal Code

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8
Q

FRAUD

A

380 (1) CC

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9
Q

Differences Between Fraud and Theft

A

IN FRAUD:
* The person in possession of the property does intend to part with it, and does so
willingly, but only because he is induced to do so by fraudulent means
IN THEFT:
* The person in possession of the property does not intend to part with it, and it is taken
without consent

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10
Q

BREAK AND ENTER

A

section 348(1) of the Criminal Code

Four Situations from Sec. 348 (1)
-with intent
-and commits (an offence)
-breaks out (after committing an offence)
- Break out (after entering with intent to commit an offence)

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11
Q

POSSESSION OF BREAK-IN INSTRUMENTS

A

section 351 of the Criminal Code.

Elements of laying a charge
Possession of a break-in “instrument”
“Knowing that the instrument has been used or is intended to be used for that purpose”

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12
Q

Mischief

A

Sec. 430 CC
Wilful and Forbidden Acts.

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13
Q

Public Mischief

A

140 CC
a waste of taxpayers’ money

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14
Q

“Weapon” Definitions

A

section 2 CC
means anything used, designed to be used or intended for use
* In causing death or injury to any person, or
* For the purpose of threatening or intimidating any person

Firearm and, for the purposes
of sections 88, 267 and 272 CC,

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15
Q

RESTRICTED, Non-restricted AND PROHIBITED WEAPONS Definitions

A

Sec 84 CC

“Restricted weapon” means any weapon, other than a firearm, that is prescribed to be a
restricted weapon
“Prohibited weapon” means
* a knife that has a blade that opens automatically by gravity or centrifugal force or by
hand pressure applied to a button, spring or other device in or attached to the handle of
the knife, or
* any weapon, other than a firearm, that is prescribed to be a prohibited weapon

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16
Q

FIREARMS AND THEIR CLASSIFICATION

A

Section 2 of the Criminal Code defines “firearm”

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17
Q

What’s Not Considered a Firearm?

A

For the purposes of the Firearms Act and the Criminal Code, the following devices are generally
not considered to be firearms (unless used in a criminal or negligent manner):
* antique firearms
* devices designed exclusively for:
o signaling
o notifying of distress
o firing blank cartridges
o firing stud cartridges
o explosive-driven rivets
o other industrial projectiles
* shooting devices designed exclusively for:
o slaughtering domestic animals
o tranquilizing animals
o discharging projectiles with lines attached to them
* air guns and other barreled weapons designed to have:
o a muzzle velocity of 152.4 meters per second (500 feet per second) or less
o a muzzle energy of 5.7 joules or less

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18
Q

Classifying Firearms

A

Federal legislation provides for three classes of firearms:
1. Prohibited
2. Restricted
3. Non-restricted

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19
Q

Magazine Capacity

A

As a general rule, the maximum magazine capacity is:
* 5 cartridges for most magazines designed for a semi-automatic, centre-fire long gun
* 10 cartridges for most handgun magazines

With some exceptions, there is no limit to the magazine capacity for:
* semi-automatic, rim-fire long guns
* other long guns that are not semi-automatics

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20
Q

OTHER RELATED Firearms DEVICES

A

Crossbows
Replica Firearms
Air Guns
Imitation Firearms

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21
Q

LICENCING AND OWNERSHIP OF FIREARMS

A

Two Types of firearms licence:
1. PAL: Possession and Acquisition Licence
2. RPAL: Restricted (firearms) Possession and Acquisition Licence

A registration certificate identifies a firearm and links the firearm to its owner.

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22
Q

TRANSPORTATION OF FIREARMS

A

Non-restricted Firearms: May be transported in a vehicle between hunting sites (unloaded).
Authorization not required.

Restricted Firearms: May be transported. Unloaded. Trigger lock required. Not visible & within
a locked container. (Authorization Required).

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23
Q

BUYING AND SELLING FIREARMS

A

A firearm may only be transferred to:
* an adult (18 or older) with a PAL that is valid for that class of firearm
* a business, museum, or other organization with a firearms business licence
* a public service agency (e.g., a police force, a police academy or certain
government departments or agencies)

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24
Q

OFFENCES AGAINST THE PERSON

A

UTTERING THREATS
ASSAULTS
DISARMING A PEACE OFFICER
UNLAWFULLY CAUSING BODILY HARM

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25
UTTERING THREATS
section 264.1(1) of the Criminal Code Factors that are to be considered include: 1. the actual words spoken; 2. the circumstances in which the words were uttered; 3. the manner in which they were spoken; 4. the person to whom they were addressed and that person’s situation; and 5. the speaker and that person’s situation
26
ASSAULTS
section 265(1) of the Criminal Code. Charging section 266 Consent Directly or Indirectly
27
Levels of assault
*Common assault *Assault with a weapon or causing bodily harm. *Aggravated assault.
28
Points to Prove To establish a case of assault,
1. Date and time of the assault 2. Jurisdiction (the place where the assault occurred) 3. Identity of the accused 4. Manner in which the assault occurred (for example, blow by fist, open hand, club, chair, etc.) 5. Injuries sustained by the victim (if any) 6. That the complainant had not consented (see S. 265(3) CC) 7. That the complainant had not assaulted, threatened or provoked the accused first 8. That force was applied intentionally, i.e., not merely carelessly or by reflex action 9. If the assault is defined in S. 265(1)(b) CC, “attempts or threatens,” determine that the accused had the ability to complete the act 10. If the assault is as defined in S. 265(1)(c) CC, determine that the accused accosted the victim or impeded or begged while openly wearing or carrying a weapon or imitation (Gibson, 2006, pp. 4-8)
29
Defences for Assault
1. S. 25 CC Protection of persons acting under authority 2. S. 34 CC Self-defence against unprovoked assault 3. S. 35 CC Defence of property 4. S. 43 CC Correction of child by force
30
Assault with a Weapon or Causing Bodily Harm
S. 267(b) CC – Causes bodily harm
31
Aggravated Assault
268 of the Criminal Code
32
Assault Peace Officer
section 270(1) of the Criminal Code Elements of the Offence * Assault * public officer or peace officer * engaged in the execution of duty
33
CRIMINAL NEGLIGENCE
section 219 CC * Section 220 CC – Causing Death by Criminal Negligence * Section 221 CC – Causing Bodily Harm by Criminal Negligence
34
OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE
OBSTRUCT/RESIST PEACE OFFICER ESCAPE AND BEING AT LARGE WITHOUT EXCUSE FAIL TO COMPLY WITH PROBATION ORDER BREACH OF CONDITIONAL SENTENCE ORDER
35
OBSTRUCT/RESIST PEACE OFFICER
129(a) of the Criminal Code
36
Hinchliffe Test:
Obstructing means, for this purpose, making it more difficult for the police to carry out their duties”.
37
ESCAPE AND BEING AT LARGE WITHOUT EXCUSE
Section 145 CC makes out several offences in relation to escaping from custody, or otherwise being unlawfully at large without excuse: * S. 145(1) Escape lawful custody * S. 145(2) Fail to attend court (Release Order) and Fail to surrender * S. 145(3) Fail to comply with Appearance Notice or Summons * S. 145(4) Fail to comply with Undertaking * S. 145(5) Fail to comply with condition of Release Order
38
FAIL TO COMPLY WITH PROBATION ORDER
section 733.1 of the Criminal Code
39
BREACH OF CONDITIONAL SENTENCE ORDER
742.1 of the Criminal Code A conditional sentence order (CSO) is a sentence of incarceration which is permitted to be served in the community under strict conditions.
40
DISORDERLY CONDUCT
Unlawful Assembly Riot INDECENT ACTS NUDITY CAUSING A DISTURBANCE TRESPASS AT NIGHT
41
Unlawful Assembly
Unlawful Assembly 63(1) CC
42
Riot
S. 64 CC
43
INDECENT ACTS
173 of the Criminal Code
44
NUDITY
174 (1) CC
45
CAUSING A DISTURBANCE
175 (1) CC
46
TRESPASS AT NIGHT
177 CC night means the period between nine o’clock in the afternoon and six o’clock in the forenoon of the following day.
47
OFFENCES RELATING TO CONVEYANCES
CRIMINAL LIABILITY FOR DRIVING OFFENCES.
48
CRIMINAL LIABILITY FOR DRIVING OFFENCES
S 219 CC Criminal Negligence does not require proof of intention or deliberation, indifference being sufficient. Thus, the accused may be convicted on proof of driving amounting to a marked and substantial departure from the standard of a reasonable driver in circumstances where the accused either recognized and ran an obvious and serious risk to the lives and safety of others or alternatively gave not thought to that risk.
49
Criminal Code vs. Traffic Safety Act
Traffic Safety Act- Demerit points assessed upon conviction Licence “Suspension” Most offences must occur on a “highway” Strict Liability Mens rea not required Criminal Code- May not result in demerit points Driving “Prohibition” On “highway” not a required element General Intent Requires mens rea evidence
50
Bodily Harm and Death Offences Related to Conveyances
Dangerous Operation of a Conveyance Causing Bodily Harm (s. 320.13(2) CC) would be based on the simpliciter offence of Dangerous Operation of a Conveyance If death ultimately results, the charge can be upgraded: * Where there is a nexus between the injury sustained and the death * Until the trial starts
51
DANGEROUS OPERATION
section 320.13 of the Criminal Code The elements of the offence are: * Operates * Conveyance * In a manner dangerous to the public. “Having Regard to all the Circumstances” Circumstances for consideration will include: * Nature, condition and the use of the place at which the conveyance is being operated * Accused’s state of mind * Marked (not mere) departure from the standard of care It is not necessary to prove that lives were actually endangered
52
CC Dangerous vs. TSA Careless
The Criminal Code standard for this offence is “dangerous to the public” The offences of “Careless Driving” under the criminal charge need not to be on highway. TSA standard is “without due care” The offences of “Careless Driving” under the TSA must occur on a highway,
53
OVERVIEW OF IMPAIRED DRIVING AND REFUSAL OFFENCES
There are four simpliciter charges in the Criminal Code related to the impaired operation of a conveyance, all of which are found under section 320.14(1): * (a) Impaired operation * (b) Operation at 80 and over * (c) Impaired by drug (over per se limit) * (d) “Combo” offence Criminal Refusal included.
54
FAILURE TO STOP AFTER ACCIDENT Elements of the Offence
320.16 of the Criminal Code The elements of the offence are: * Operates * Conveyance * Knows or is reckless (ought to have known) * Involved in accident with a person or another conveyance * Fails without reasonable excuse o Stop o Provide name and address o Render assistance if required
55
CC Fail to Stop After Accident vs. TSA Fail to Remain as Scene of Accident
CC requires mens rea evidence. CC requires the driver to have (or ought to have known they were involved in a collision. TSA must occur on highway TSA not limited to an accident involving only another person or conveyance, thus would be applicable to single vehicle collisions. The TSA allows for a charge to be laid against a driver who is “indirectly involved”
56
FLIGHT FROM PEACE OFFICER
320.17
57
CC Flight from Peace Officer vs. TSA Fail to Stop for Peace Officer
The Criminal Code offence in this section specifies “motor vehicle”, While the CC offence requires evidence of active pursuit, while the related Traffic Safety Act offence specifies “vehicle”. the TSA offence includes the requirement of “readily identifiable as a peace officer”. Neither offence incorporates the “on highway” element.
58
OPERATION WHILE PROHIBITED
section 320.18 of the Criminal Code The elements of the offence are: * Operates * Conveyance * While prohibited by criminal law o Violating interlock condition (if applicable) it is not necessary that the “on highway” element be present
59
What is a Driving Prohibition?
“Driving Prohibition” is a court order in Form 36 CC. CC offence used when criminal driving prohibition is in force. Provincial suspension may stay in effect after the prohibition expires. TSA offence is specific to motor vehicle on a highway. CC applies to conveyance. . Whether the charge will proceed criminally or provincially, vehicle seizure rules pertinent to suspended drivers under the Traffic Safety Act will apply
60
PUNISHMENT AND CLASSIFICATION OF DRIVING OFFENCES
sections 320.19-320.21 of the Criminal Code 727 Criminal Code directs that a Notice of Intention to Seek Greater Punishment be served on the accused for: * All impaired driving and refusal offences under s. 320.14 and 320.15 CC o Excluding 320.14(4) – summary conviction offence * All transportation offences related to bodily harm or death
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