CRM 1300 Lecture Notes - Lecture 4: 18 Months, Summary Offence, Indictable Offence
3 Apr 2016
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Certain rules must exist for the law to be fair and just (right for a fair, and speedy trial) The body of legislation that declares which actions will be punished by the state (criminal code of canada) Tells us how the rights and duties of individuals can be enforced (canadian. The complainant and the accused were not married to each other. Victim"s sexual history could be brought up in court. Sexual assault laws (after january 1 st 1983) Rape was replaced with 3 degrees of sexual assault. Level one victims suffers least physical injury (max 10 years) Level two involved the (threat of) use of a weapon, bodily harm (max 14. Level three involves wounding, disfiguring or endangering the life of victim (max life) Relationship did not matter (i. e. husbands can now be charged) Actual consent had to be given (no implied consent) Intoxication as an excuse was no longer acceptable.
