Criminal Code

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Reasonable and Probable Grounds:

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

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Criminal Code:

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Enacted in 1892

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Carter of Rights/Constitution:

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Enacted in 1982

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Assault 265.1 a) 3 components

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a) Without consent
b) Applied force
c) Direct or indirect
d) Intentionally

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Assault 265.1 b) 3 components

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1) any threatening acts or gestures.
2) reasonable for someone to be fearful.
3) has ability to affect/follow through.

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Assault 265.1 c)

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openly wearing or carrying a weapon or imitation. Impedes,accosts or begs.

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Assault Sec 266 Level One

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Common Assault
Simple Assault
( No Injury Needed )
Injury that is transient or trifling, that is temporary and insignificant.

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Assault Sec 267 Level Two

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Assault Causing Bodily Harm
Assault with a weapon ( openly carrying )
Significant injury, unable to work, daily routines affected.
( No Injury Needed )

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Assault Sec 268 Level Three
(Aggravated Assault)

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Wounds (Stabs or gunshots)
Maims (Injury or limb for life)
Disfigures (Bad scalding, permanent scaring)
Or any act endangering life
Real intention of inflicting serious harm
( No Injury Needed )

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Four incidents where consent was not obtained 265.(3)

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i) application of force
ii) threats/fear of application of force
iii) fraud i.e phony medical degree
iv) exercise of authority

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Four determinations for assault that is sexual in nature:
(PAIN)

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i) Part of the body touched
ii) Any accompanying words or gestures
iii) Intent of the offender
iv) Nature of contact

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Sexual Discovery Exemptions:
Victim 12 or 13 years old

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Not crime if offender less than two years older.

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Sexual Discovery Exemptions:
Victim 14 or 15 years old

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Not crime if offender is less than five years older

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Sexual Interference Sec. 151

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Victim under 16 yrs.Touching of body for sexual purpose with part of offenders body or object directly or indirectly.

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Invitation to Sexual Touching Sec. 152
(Offence if child consents or not consents )

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Under 16 yrs, offender invites, counsels or incites the touching, directly or indirectly, their body, body of other person or victim's for sexual purpose.

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Accost:

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Approach/speak to someone in a challenging or threatening manner.

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12 & 13 year olds can be charged with sexual interference if...

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they are in a position of authority over the victim. s.150.1(3)

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Sexual Interference s.151

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Involves the sexual touching of a person under 16 years of age

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Invitation to sexual touching s.152

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Involves inviting a person under 16 years of age to touch for a sexual purpose the body of any person including his/her own, whether or not act was carried out.
3 targets:
- child
- inciter
- other person

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Sexual exploitation s. 153

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Involves an accused person who is in the position of authority/trust who touches for a sexual purpose a person who is 16 yrs of age or more under the age of 18 or invites young person to touch body of any person for sexual purpose.
(No sexual discovery exemption)

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Indecent act s.173

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Must be done wilfully and committed in 2 places:
i) Public place in presence of one or more persons.
ii) any place with intent to insult or offend.

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Incest s.155

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involves having sexual intercourse with someone that is a known blood relative.

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Anal intercourse s.159

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Not an offence if:
- Consent by both participants
- Husband/wife both 14yrs +
- act done in private 2 people present.

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Bestiality s.160

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includes intercourse or other form of sexual gratification with a beast (bird or animal)

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Assaulting a Peace Officer S.270
Only for assault level one injuries.

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i) Victim was a Peace Officer
ii) Officer in lawful execution of duty
iii) Offender knew victim was a Peace Officer.

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Uttering Threats S.264.1

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Crown does not have to prove likelihood of threat happening.

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Uttering Threats (cont.)
In any manner:

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Face to face
By telephone
By message

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Threats:

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Conditional threats relating to the future are considered to be valid threats.

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Criminal Harassment (Stalking): S.264

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No person shall, without lawful authority, knowing that another person is harassed, cause that person to fear for their safety or the safety of anyone know to them

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Homicide:

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- a definition but not an offence.
- either culpable or non-culpable.
- Culpable means deserving blame.

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Non culpable homicide:

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is accidental, excusable or justifiable therefore not a criminal offence.

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Culpable homicide

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is murder, manslaughter or infanticide.

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Murder (First Degree)

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* intent to kill
* automatic life sentence
premeditated
no parole - Judicial review 15 yrs or faint hope clause

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Murder (Second Degree)

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* intent to kill
* automatic life sentence
Impulse
Parole eligibility in 10 yrs.

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Murder conviction reserved for those who either:

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intend to cause death or
intend to cause bodily harm that they know will likely cause death.

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Attempt Murder:

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Maximum penalty 14 yrs.

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Infanticide:

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Offender is the natural mother.
New born child less than one yr old.
Postpartum Depression
Facts in issue " birth mother" or "new born" "willful act"

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Manslaughter:

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either involuntary or voluntary.

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Involuntary Manslaughter:

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general intent to injure and death not expected.
(could be original charge)

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Voluntary Manslaughter:

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Wanted to kill in sudden reaction to a provocation.
(not an original charge)

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Criminal Negligence Causing Death:

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Wanton and reckless disregard for the lives and safety of others.
Cannot be an offence without death or injury.
Neglect of duty that may cause death or bodily harm.