Indictable offence

S.95(2) is a hybrid scheme, where the crown chooses the mode of prosecution. if the crown proceeds the case summarily, the maximum sentence is one year, but if the crown proceeds the case by indictment, the mandatory minimum sentence for a first offence is 3 years, thus creating a Two-year sentence gap. In this case, the crown chose to proceed by indictment. The defence believed the three year mandatory minimum sentence would be grossly disproportionate to what the accused deserved and it…

Twenty year-old Manitoba native David Michael Vincett was gunned down at around three in the morning on September 25th, 2011 during a gang related shooting. According to the Winnipeg police, Vincett didn’t have any gang affiliation to their knowledge, but the shooter who will remain nameless due to the Youth Criminal Justice Act was supposedly tied to the Indian Posse. The Indian Posse is one of the largest street gangs in Canada, reportedly claiming over 12,000 members. It was stated in the…

Throughout the centuries, the jury came to function as a check on the power of the state It eventually represents the right to be tried in serious case in one’s peer During the 19th century, the right to be tried by judge and jury in Canada for indictable offences…

life imprisonment, meaning he will remain there for the term of his natural life. This will ensure a dangerous multiple killer, never has a chance to kill again outside of gaol and serves as an example to others who may consider committing a similar offence. This sentence may also serve as some reassurance to remaining family victims and the general community that this crime is considered abhorrent by the state and that justice has been served. The R v. Gonzales case is a lucid example of the…

Assisted-suicide The debate behind legalization of physician-assisted suicide (PAS) has been an on going worldwide dilemma. PAS is characterized, as a physician who with common intention gives a person the needs required for ending ones own life. In Canada PAS is illegal, under section 241 of the Criminal Code, however, Quebec is the only province where PAS has been legalized. PAS is also legalized in the state of Oregon, and in the Netherlands, where it is referred to as medical aid in dying.…

unnecessary fear, stereotypes and racial prejudice, particularly when the offenders are negatively portrayed in the media. Despite the negative impacts, by enforcing the law, offenders are given the opportunity for rehabilitation and deter further criminal offences. Overall, this law was effective in achieving justice and social cohesion by recognising the rights of the victims, the offenders responsibility for his action, whilst aiming to improve the wellbeing of the Akon Mawien to work…

Nils Christie’s article, “Conflicts as Property” discusses modern legal systems and the issues and concerns he has with them. He suggests that highly industrialized societies have created a legal system where conflicts are being taken away from those who are directly involved. Christie states that legal professionals, specifically lawyers or as he refers to them—“professional thieves” — are treating conflicts as property. He argues that conflicts become property when they are converted into a…

key issue with this is the discoverer’s perception of crime (JOYCE MAN KINDA). Littering, although a legal offence, could be seen and no issue will be raised. Furthermore, victimless crime (e.g. tax evasion and fraud) is difficult to identify, and is therefore not recorded. Following discovery, a crime must then be reported to the police. However, victims may not be willing to report the offence; the victim may think that the crime does not warrant reporting. Another reason is lack of confidence…

Every county has a different ideology on what is a suitable age of criminal responsibility. As stated in the (Hodgson, 2000) that article 40 of the convention on the rights of the child (CROC), states that countries should establish a minimum age level. Children have been presumed lack the mental capacity to infringe the criminal law. This essay will argue that Australia needs to increase the age of criminal responsibility to 12. Reasons include the cognitive development and lack of creating men…

(2016, January 8). Teen Drug Abuse Facts & Their Implications. Retrieved October 01, 2016, from http://canadiancentreforaddictions.org/teen-drug-abuse-facts/ Adam Cotter, Jacob Greenland, and Maisie Karam. (2013). Drug-related offences in Canada, 2013. Retrieved October 01, 2016, from http://www.statcan.gc.ca/pub/85-002-x/2015001/article/14201-eng.htm RCMP. (2013, July 31). Prescription Drugs. Retrieved October 01, 2016, from http://www.rcmp-grc.gc.ca/cycp-cpcj/dr-al/pd-mo-eng…