Class notes
class notes
- Course
- LAWS1123
- Institution
- Niagara College ( )
Lecture notes of 7 pages for the course LAWS1123 at (class notes)
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Week 5 NotesIndictable Offences - MAJOR Criminal Offences:
There are NO statute of limitations.
What does this mean?
-Any offender who commits an indictable offence is NEVER immune from
prosecution AND an information can be laid (charge) at ANYTIME in the future.
Case study:
Jane reports to the police today, that in 1981 her husband John punched her in the
mouth.
Offence?
Assault
Can an information be laid today?
Yes. there is no time limit.
You are the police and attend Walmart for shoplifting. Security shows you the BG.
security tells you what happened. (one credible eyewitness).
You (police) now have reasonable grounds.
Indictable offence - Police CAN arrest on reasonable grounds.
Maximum Penalty:
2 years
5 years
10 years
14 years
LIFE - life in Canada is 25 years.
Penalty will be listed on the offence.
List of Indictable Offences:
1st degree Murder -
Planned or premeditated. Also includes certain occupational murder. Ie. Police murder.
2nd degree murder -
Intentional killing. The act of the offender was intended to murder the victim. Ie. the
offender grabbed a knife and stabbed the victim in the chest.
, Manslaughter -
Is an intentional, unlawful act PLUS death. Doing something against the law that
results in death.
Example:
BG intentionallY drives a car while impaired. Motor Vehicle Collision (MVC)and
someone is killed.
Driver is intentionally speeding, hits and kills a pedestrian crossing street.
Attempt Murder -
The offender attempts to complete 1st / 2nd degree murder but fails.
Robbery -
sec . 343 - everyone commits robbery who, (4 sub sections)
A - steals with purpose of extorting the item and uses violence/threats.
B - steals from any person and leaves injury.
C - assaults a person with intent to steal.
D - steals while armed with weapon.
Theft + violence = robbery
Implied violence is violence - something bad will happen if don’t happen “gimme the
money”
Case study:
John walks up to Robert and punches him in the mouth. Robert falls to the ground.
When Robert is on the ground. John takes his wallet. John leaves and Robert calls the
police.
Offence?
Robbery.
Classification of Off?
Indictable.
Level of belief?
Reasonable grounds.
Arrestable?
Yes.
Charge?
Yes.
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