LY205 Chapter Notes - Chapter 1: Pith, Indictable Offence, Regulatory Offence

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8 Mar 2013
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Chapter 1
1. Definition of a crime
matter of critical significance
parliament can enact on criminal law
jurisdiction is known as federal criminal law power
two major elements
conduct that is prohibited because it is considered to have an evil or injurious
or undesirable effect on the public”
penalty that may be imposed when the prohibition is violated
Indictable offence
serious in nature
“indictment” is the formal document that sets out the charges
tried by more than one court procedures
murder may be tried only by a superior court judge sitting with a jury
less serious- tried by provincial court judge w/o jury
examples: sexual assault with a weapon, robbery over $5000
Hybrid offence
an offence that may be prosecuted as an indictable or summary at discretion of
crown
most offences in Canada are hybrid
very few tried by summary conviction
example: assault, fraud under $5000, theft under $5000
Distinction between true crimes and regulatory offences 2-4
True offences
represent a serious breach of community values and are considered to be both
“wrong” and deserving of punishment
contained in CCC
serious offences contained in controlled drugs and substances act
Regulatory
offence arising under regulatory legislation
deals with the regulation of inherently legitimate activities
connected with commerce, trade, and industry or with such everyday matters
as driving
generally, not considered to be serious in nature and usually result in the
imposition of only a relatively minor penalty
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Document Summary

Hybrid offence crown: an offence that may be prosecuted as an indictable or summary at discretion of, most offences in canada are hybrid, very few tried by summary conviction, example: assault, fraud under , theft under . Distinction between true crimes and regulatory offences 2-4: true offences, represent a serious breach of community values and are considered to be both. Importance of margarine reference case 5: additional factor is the requirement that the prohibition and penalty contained din the legislation are directed toward a public evil or some behaviour that is having an injurious effect upon canadian public. Criminal procedure definition 6: legislation that specifies the procedures to be followed in the prosecution of a criminal case and defines the nature and scope of the powers of criminal justice officials. Understand what happened in the chatterjee case 9. The appellant"s vehicle was stopped by police in march 2003 because it was missing a license plate.

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