Canadian Criminal Code

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Arrest Without Warrant By Peace Officer Sec. 495

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(1) A Peace Officer may arrest without warrant:
a) A person who has committed on indictable offence or who, on reasonable grounds he believes has committed, or about to commit an indictable offence;
b) a person whom he finds committing a criminal offence (summary)

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Arrest Without Warrant By Any Person Sec. 494. (1)

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Anyone may arrest without warrant
a) a person whom he finds committing an indictable offence;
b) a person who, on reasonable grounds, he believes
i) has committed a criminal offence, and
ii) is escaping from and freshly pursued by persons who have lawful authority to arrest that person. (The chase)

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Arrest Without Warrant By Any Person Sec. 494. (2)

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Anyone who is
a) the owner or a person in lawful possession of property, or
b) a person authorized by the owner or by a person in lawful possession of property, may arrest without warrant a person whom he finds committing a criminal offence on or in relation to that property.

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Arrest Without Warrant By Any Person Sec. 494. (3)

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Anyone, other than a police officer who arrests a person without warrant shall forthwith deliver the person to a peace officer.

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Theft is:

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taking something without the owner's permission.

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Fraud is:

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taking something with the owner's permission but permission was obtained by lying.

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Theft defined:

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Fraudulently
without colour of right
take or convert (actus reus)
anything, animate or inanimate.

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Theft defined (cont.)

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with intent to:
a) deprive owner temporarily or absolutely
b) pledge as a security
c) change or alter it's state
d) return under condition

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Take Auto without Owner's Consent

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Lowest level of theft ( summary conviction )

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Theft is complete when:

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i) person moves it
ii) causes it to be moved, or
iii) begins to cause it to become movable

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Theft with special interest: (5)

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1) By lessee from lessor.
2) By member of company from the company.
3) By one of several owners from the other owners.

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Fraudulently Taking Cattle or Defacing Brand Sec. 338

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Indictable offence - Max 10 years
Defacing brand: - max 5 years

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Theft From Mail Sec. 356

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a) Anything sent by post after being deposited and before being delivered.
b) A bag/sack/container that delivers mail or without mail in it.
c) A key suited to lock a Canada Post box.
d) In possession of property obtained from this offence.

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Property:

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Service/labour/or viewing of a performance are things that cannot be stolen.
Tickets to performance can be stolen.

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Robbery: Sec. 343

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a) Steals/Extorts and to prevent resistance to the stealing uses violence or threats to person or property
b) Steals from any person and uses violence.
c) Assaults with intent to steal.
d) Steals while armed with an offensive weapon or imitation.
Theft + Violence ( Real/Implied) = Robbery

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Reasonable and probable grounds:

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A set of facts of circumstances that would cause an otherwise prudent person to have a strong belief that goes beyond mere suspicion.

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3 Aids To Show Mens Rea:

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i) The Doctrine of Recent Possession
ii) Evidence of Other Stolen Property
iii) Evidence of Previous Theft Related Convictions Withing Past 5 Years

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Possession Requires (3):

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i) Knowledge
ii) Consent
iii) Control

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3 Types of Possession:

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i) Personal
ii) Joint
iii) Constructive (knowing where it is)

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Possession of Break-In Instrument
Sec. 351

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Reasonable Inference: Time and Place
4 targets:
Place
Motor Vehicle
Safe
Vault

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Wilfully: Def.

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Actions that bring about an anticipated consequence

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Reasonable Inference:

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Time and place with four possible targets:
i) motor vehicle
ii) safe
iii) vault
iv) place

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Mens Rea for mischief:

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Wilfully

D - Damages property
A - Alter Renders property dangerous, useless, inoperative or ineffective
M - Music Noise interfering with enjoyment of property.

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Mischief Sec.430

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i) Destroys/damages property
ii) Renders property dangerous, useless, inoperative or ineffective
iii) Obstructs, interrupts with lawful use, enjoyment of property
iv) Obstructs, interrupts with any person in lawful use enjoyment of property.

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Public Mischief Sec 140 Facts in issue:

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With intent to mislead
cause a peace officer
to enter or continue an investigation.

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Examples of Public Mischief (4):

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a) Falsely accuse someone
b) Falsely report a death
c) Framing someone
d) Report an offence that has not been committed.

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Personating Peace Officer Sec. 130

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a) Falsely represents peace/public officer
b) uses badge, article of uniform or equipment.
(Summary conviction offence)

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Causing Disturbance Sec. 175

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Summary Conviction Offence
Not being in a dwelling-house, causes a disturbance in or near a public place by:
- fighting
- screaming
- shouting
- being drunk ( Liquor Licence Act )
- loitering in public place
- impeding/molesting other persons

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Trespassing At Night Sec. 177

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Summary Conviction Offence
- Loiters or Prowls
- At night (2100-0600)
- Near a dwelling-house
- Situated on that property