chapter 8 – crime and criminal law unit 3 – criminal law level of offences
TRANSCRIPT
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Chapter 8 – Crime and Chapter 8 – Crime and Criminal LawCriminal LawUnit 3 – Criminal LawUnit 3 – Criminal Law
Level of OffencesLevel of Offences
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Learning Goal for TodayLearning Goal for Today
By the end of the lesson(s), students By the end of the lesson(s), students will be able to explain the difference will be able to explain the difference between summary conviction and between summary conviction and indictable offencesindictable offences
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ExpectationsExpectations
By the end of this lesson, students By the end of this lesson, students will:will:
……compare summary, hybrid, and compare summary, hybrid, and indictable offences as they relate to indictable offences as they relate to criminal lawcriminal law
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AgendaAgenda
Level of OffencesLevel of Offences
Individual ActivityIndividual Activity Offences Against the PersonOffences Against the Person (Homicide, Assault and Sexual Assault)(Homicide, Assault and Sexual Assault)
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Level of OffencesLevel of Offences
Criminal offences are handled differently Criminal offences are handled differently depending on the seriousness of the crimedepending on the seriousness of the crime
Types of offence has a bearing on:Types of offence has a bearing on: Custody issuesCustody issues Bail requirementsBail requirements Trial proceduresTrial procedures SentencingSentencing
The Code clearly indicates whether a The Code clearly indicates whether a crime is classified as a summary, crime is classified as a summary, indictable or hybrid offenceindictable or hybrid offence
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Summary Conviction OffenceSummary Conviction Offence
Minor offence with a relatively light Minor offence with a relatively light penaltypenalty
Dealt with quickly and simply by the Dealt with quickly and simply by the courtscourts
Ex. Public nudityEx. Public nudity
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Indictable OffenceIndictable Offence
Much more serious crime and carries Much more serious crime and carries a heavier penalty than a summary a heavier penalty than a summary offenceoffence
Penalties may range from 2 years to Penalties may range from 2 years to life imprisonmentlife imprisonment
Some indictable offences have a Some indictable offences have a minimum penaltyminimum penalty
Ex. MurderEx. Murder
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Hybrid OffenceHybrid Offence
Offence may be treated as a summary Offence may be treated as a summary or indictable offenceor indictable offence
It is the Crown attorney who It is the Crown attorney who determines how the offence will be determines how the offence will be treatedtreated
Presumed indictable unless Crown Presumed indictable unless Crown elects to proceed summarilyelects to proceed summarily
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Factors Considered…Factors Considered…
Factors are used when considering Factors are used when considering how to classify a hybrid offencehow to classify a hybrid offence CircumstancesCircumstances RecordRecord ValueValue Violence/weaponsViolence/weapons
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
Limitation Limitation periods (time periods (time period after period after crime crime commited commited where where charges can charges can be laid)be laid)
Offences Offences must be must be prosecuted prosecuted within 6 within 6 months of the months of the date it date it occuredoccured
No limitation No limitation of time when of time when offence may offence may be prosecutedbe prosecuted
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
ProsecutionProsecution Private Private person may person may prosecute by prosecute by going before going before judge if judge if Crown refuses Crown refuses to lay chargesto lay charges
Private Private person may person may prosecute prosecute with Crown with Crown permission, permission, but Crown but Crown almost always almost always prosecutesprosecutes
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
Pre-trial Pre-trial procedureprocedure
No No preliminary preliminary hearinghearing
Preliminary Preliminary hearing may hearing may be heldbe held
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
Type of courtType of court Provincial Provincial CourtCourt
Provincial or Provincial or Superior Superior CourtCourt
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
Presence of Presence of accused accused
Not required; Not required; may be may be represented represented by a lawyerby a lawyer
RequiredRequired
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
PenaltiesPenalties Limited to a Limited to a fine up to fine up to $2,000 or up $2,000 or up to 2 years, to 2 years, less a dayless a day
Heavier, up to Heavier, up to life life imprisonmentimprisonment
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
Criminal Criminal RecordRecord
A criminal A criminal record results record results from a from a conviction on conviction on a summary a summary offenceoffence
A criminal A criminal record results record results from a from a conviction on conviction on an indictable an indictable offenceoffence
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Distinguishing Between Summary Distinguishing Between Summary and Indictable Offencesand Indictable Offences
CategoryCategory SummarySummary IndictableIndictable
Method of Method of TrialTrial
No juryNo jury Accused can Accused can choose judge choose judge or jury as or jury as “triers of fact”“triers of fact”
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