POLS 2200 Lecture Notes - Indictable Offence, Hybrid Offence, Resocialization
11 Apr 2014
School
Department
Course
Professor
Document Summary
1/29/2014: sentences, corrections, from the perspective of our current govt. Judging is judicial discretion: criminal code outlines substantive law prohibits a particular type of behavior. The behavior is always related to some harm. And we know that those harms range in severity. They range from summary convictions/offences to the most serious indictable and in between we have hybrid offences. The hybrid offence is an offence that the prosecuting has the discretion to choose whether or not or whatever reason to proceed in a summary fashion or as a indictable offence. Indictable offences require varying degrees of intent where the crown has to prove either objective intent or subjective intent. The greater the severity of the crime, the greater the onus is on the crown to prove subjective intent. This person, person x is culpable guilty mind, the onus is greater when we have to prove subject intent because the punishment is greater.
