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CRIMINAL OFFENCE CLASSIFICATION

CRIMINAL OFFENCE CLASSIFICATION. It is important to know how to classify an offence because it determines:. The power of arrest for a citizen or police; The rights of the accused; How the trial will proceed (in which court); and, What penalty will be imposed. CLASSIFICATION OF CRIMES.

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CRIMINAL OFFENCE CLASSIFICATION

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  1. CRIMINAL OFFENCE CLASSIFICATION

  2. It is important to know how to classify an offence because it determines: • The power of arrest for a citizen or police; • The rights of the accused; • How the trial will proceed (in which court); and, • What penalty will be imposed.

  3. CLASSIFICATION OF CRIMES • SUMMARY CONVICTION OFFENCES • INDICTABLE OFFENCES • HYBRID/DUAL PROCEDURE OFFENCES

  4. 1. SUMMARY CONVICTION OFFENCES • Minor offences for which an accused can be arrested or summoned to court without delay (tried without a preliminary hearing or jury); • Includes all provincial offences i.e. Traffic violations; • Penalties range from small fines to imprisonment; • Maximum penalty is $2000 fine and/or 6 months in prison • Charges must be filed within 6 months of the offence

  5. 2. INDICTABLE OFFENCES • Severe criminal offences, such as murder; • The Crown proceeds by indictment (press charges); • Severe penalties are imposed at the discretion of the trial judge, based on the Criminal Code; • Some crimes have a minimum penalty that must be adhered to. • There is no statute of limitations (time limit in which to take action) for indictable offences

  6. 3. HYBRID OFFENCES (DUAL PROCEDURE OFFENCES) • Offences that are punishable as both an indictable offence and summary conviction offence; • The Crown decides how to proceed – either by indictment or summarily; • Hybrid offences are always treated as indictable until the Crown formally decides, or elects to proceed summarily. • First time offences are usually treated as summary conviction offences, depending on the nature of the crime

  7. HYBRID OFFENCE EXAMPLE: THEFT • If the value of the stolen goods is over $5000, the offence would be an INDICTABLE offence; • If the value of the stolen goods is under $5000, the offence would be a SUMMARY CONVICTION OFFENCE.

  8. ASSIGNMENT • Read pages 121 – 123. • Complete Review Your Understanding questions 2 – 5 on page 123.

  9. PARTIES TO AN OFFFENCE – WHO IS INVOLVED IN A CRIME? • THE PERPETRATOR • The person who actually commits the offence; • If there is more than one – "co-perpetrators"; • To be a perp. or co-perp., you must actually be at the scene of the offence.

  10. Those people who are indirectly involved in committing a crime because they have somehow assisted the perpetrator in committing the offence are also considered “parties to an offence”. They include: • AIDING: linked to a crime by assisting a perpetrator. • You do not have to be present when the offence is committed to be found guilty of aiding. • ABETTING: encourages the perpetrator of a crime without actually providing physical assistance. • You must be aware that a criminal action was intended and must have committed some action that assisted the perp. • Two things must be proven to be convicted for aiding and abetting: • The accused knew there was intent to commit a crime • The accused aided and abetted the other • *Mere presence at the scene is not evidence of aiding and abetting – it must be accompanied by other factors, such as prior knowledge of the perp's intentions to commit the offence.

  11. The Counsellor • An individual who advises, recommends, or persuades another person to commit an offence. • *It is possible for the counsellor to be guilty and the principle actor to not be guilty (i.e. an adult who sends a child to do something) The Conspirator • One of two or more persons who work together to plan a crime The Procurer • An individual who obtains plans, details, items or persons to commit or assist in the commission of a crime The Accessory • Any person who renders aid or encouragement to a perpetrator. This person is not directly linked to the crime as a principle actor but continues to play a part in the crime’s execution; prior to or during the crime. The Accessory after the fact • Any person who knew that someone was involved in an offence and then provided comfort, aid, or a means of escaping from the police. • * If a person helps their spouse escape they are not considered an accessory after the fact • *A married woman is not considered an accessory after the fact if she helps her husband and his partner escape provided that husband has authorized her to help his partner Party to Common Intention • The shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit. For example, if 6 people hijack a truck and one of them shoots and kills the driver, all six can be charged with murder.

  12. ASSIGNMENT • Read pages 131 – 133 of the text and complete the following: • R. v. Goodine, page 131 • R. v. Lindsay, page 133 q. 1 – 4. • Review Your Understanding, page 133 q. 4, 5.

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