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Criminal Offences

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Title: Criminal offences Author: Jan Fraser Last modified by: UIS Created Date: 4/28/2008 1:17:01 AM Document presentation format: On-screen Show Company – PowerPoint PPT presentation

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Title: Criminal Offences


1
Criminal Offences
2
Reasons for Crime
  • Several factors have been found to be related to
    the cause of criminal behaviour. Can you name
    some?
  • Research has shown that the factors listed below
    have impact on criminal behaviour.
  • Poverty
  • Recidivism (repeat offenders)
  • Emotional Stress
  • Mental disturbance
  • Drug and alcohol abuse
  • Violence in the home
  • Lack of education
  • Rank the above factors in terms of their
    significance in contributing to criminal
    behaviour.

3
Research suggests
  1. Poverty
  2. Drug and alcohol abuse
  3. Violence in the home
  4. Mental disturbance
  5. Emotional stress
  6. Lack of education
  7. Recidivism

4
Levels of Offences
  • Summary Offences
  • Minor offence
  • Carries a relatively light sentence (Fined up to
    2000.00 or up to 6 months in jail)
  • Usually proceeds through court system fairly
    quickly
  • Tried in Provincial Court
  • Accused does not have to appear in court but can
    be represented by a lawyer

5
Levels of Offences (Page 222 Figure 9.2)
6
Levels of Offences
  • Indictable Offence
  • Serious crime carries a heavier penalty than
    summary offence
  • Criminal Code establishes minimum and maximum
    penalties for indictable offences depending on
    the crime
  • Most indictable offences are tried in the
    Superior Court of the Province, BUT if the
    maximum penalty is less than 5 years in prison,
    then it will be heard in Provincial Court by a
    Judge only.

7
Levels of Offences
  • Hybrid Offences
  • Is an offence that the Crown can decide to try
    either as a summary conviction or an indictable
    offence
  • Always treated as indictable until charges are
    laid in court
  • Crowns decision often depends upon the
    circumstances of the case (such as Repeat
    offender? Violence involved? Is the accused
    remorseful?)

8
Hybrid Offence Example
  • Connie has been charged with theft of CDs worth
    100. She has never been arrested before and has
    a steady job. In this case, the Crown may decide
    to proceed on a summary basis and receive a light
    penalty such as a fine. What might this be
    suitable?
  • If Connie had a long record of arrests for theft
    and if she had stolen thousands of dollars worth
    of CDs, then the offence would have likely been
    categorized as indictable and Connie might have
    been making her way to the big house!

9
Chart Types of Offences (page 223 Figure 9.3)
10
Case R. v. Quinlan (Page 224)
  • Section 334 of the C.C.C. states
  • everyone who commits theft
  • Is guilty of an indictable offence and liable to
    imprisonment for a term not exceeding ten years,
    where the value of what is stolen exceeds five
    thousand dollars or
  • Is guilty
  • (i) of an indictable offence and is liable to
    imprisonment for a term not exceeding two years,
    or
  • (ii) of an offence punishable on summary
    conviction, where the value of what is stolen
    does not exceed five thousand dollars.
  • Did Quinlan commit a summary, indictable or
    hybrid offence? Explain.
  • If the payment had been less than 5000, what
    type of offence would Quinlan have committed?

11
Summary, Indictable or Hybrid?
  • Sheet Guess is each case is a summary offence,
    an indictable offence or a hybrid offence

12
Fast Fact
  • In Canada about 1 in 10 people have a criminal
    record

13
Offences Against the Person
  • Includes violent crimes in which the victim is
    threatened, injured or killed

14
Homicide
  • The C.C.C. defines homicide as
  • 222. (1) A person commits homicide when directly
    or indirectly, by any means, he causes the death
    of a human being.

15
Homicide
  • Two types of homicide
  • Culpable is a killing for which the accused can
    be held legally responsible or shows such
    recklessness that his/her actions are likely to
    cause death
  • b) Non-culpable a killing for which the accused
    cannot be held legally responsible, such as a
    death caused by an unforeseeable accident.

16
Culpable or Non-culpable?
  • What about
  • Executions?
  • Solider acting in times of war?
  • An individual defending oneself or another person?

17
Murder
  • The intentional killing of another human being
  • Form of culpable homicide
  • Two types First-Degree
  • Second-degree

18
First-Degree Murder
  • It is planned and deliberate
  • One person hires another to commit murder
  • If the victim is a police officer, prison
    employee or other person employed for the
    preservation and maintenance of the public peace
  • If the murder is caused while committing or
    attempting to commit another serious offence ,
    such as hi-jacking, sexual assault, kidnapping,
    forcible confinement, hostage taking, etc. In
    these situations murder does not have to be
    planned and deliberate in order to qualify as
    first degree.
  • Punishment Life in prison no chance of parole
    for 25 years

19
Second-Degree Murder
  • Murder that does not fit into any of the
    first-degree murder categories, but is still
    caused intentionally.
  • Sentence Life in prison no chance of parole for
    at least 10 years

20
Infanticide
  • Infanticide occurs when a mother kills her new
    born child. This is very rare in Canada
  • All 3 of the following circumstances must be
    present for the crime to be considered
    infanticide
  • a) the accused must be the natural mother of the
    victim
  • b) the victim must be less than 12 months old
  • c) at the time of the killing, the accused must
    have been suffering from a mental disturbance
    caused by not being able to recover from giving
    birth to the victim

21
Hmmm
  • Nelson and Angelo started fighting in the
    Flaming Onion Tavern. Nelson knocked Angelo
    backward with a blow to the jaw, and Angelo hit
    his head on a corner of a pool table. He died
    later that night from internal bleeding by a
    severe concussion. Nelson had wanted to hurt
    Angelo, but he did not mean to kill him.
    Nevertheless, Angelo died as a direct result of
    Nelsons wrongful act. The police arrested him.
    Can they charge him with murder? Explain.

22
Manslaughter
  • Section 234 of the C.C.C. defines manslaughter
    as
  • Any homicide that cannot be classified as murder
  • or infanticide
  • Killing someone through a wrongful act, even if
    the killing was not intentional.
  • Example Maria is speeding and loses control of
    her car and kills a pedestrian. Although she did
    not mean to kill the pedestrian, she should have
    recognized that speeding could physically harm or
    kill someone.

23
PROVOCATION
  • A charge of murder can be reduced to manslaughter
    IF the accused can show provocation on the part
    of the victim.
  • Did the victim do something so insulting or
    outrageous that it caused the accused to lose
    self-control?

24
PROVOCATION EXAMPLE
  • Derrick and Li are arguing in Lis kitchen. As
    the argument grows more heated, Derrick gets
    frustrated and spits in Lis face. Li is so
    enraged that he grabs a knife from the counter
    and plunges it into Derricks chest, killing him
    instantly. Since Li acted in the heat of passion
    caused by sudden provocation, it is likely he
    will be allowed to plead to manslaughter rather
    than murder.
  • Note that in the case of manslaughter there is no
    cooling off period if Li goes home after Derrick
    spits on him and broods on the matter before
    killing Derrick two days later, then something
    planned and deliberate has occurred and Li will
    be charged with murder.

25
R. v. Mafi (2000) Page 226
  1. Why was Mafi charged with second-degree murder
    rather than first-degree?
  2. Why do you think that Mafis parole eligibility
    was set at 20 years instead of the usual period
    of 10 years?

26
R. v. Turner (1995) Page 229
  • Explain why John Ryans mother was charged with
    manslaughter rather than infanticide.
  • Do you think the Turners should have been charged
    with murder rather than manslaughter? Explain.

27
(No Transcript)
28
  • Assault is the most common form of violent crime.
    In 1999, 75 of all cases of violent crimes in
    Canada were assault related.

29
Assault
  • Threatened or actual physical contact without
    consent. Words themselves cannot be considered an
    assault they must be accompanied by an act or
    gesture.

30
Level 1 Assault
  • Level 1 assault is a hybrid offence- maximum
    penalty 5 years in prison
  • Any one of the following actions
  • Intentionally applying force to another person,
    (directly or indirectly)
  • Attempting or threatening to apply force by an
    act or gesture
  • Approaching or blocking the way of another person
    while openly carrying a wearing or carrying a
    weapon or imitation of a weapon

31
You be the Judge!
  • An Angus Reid survey recently noted that 16 of
    Canadians thought it should be a criminal offence
    for a parent to spank a child. Men and women
    equally opposed making spanking a criminal
    offence.
  • Should it be a criminal offence for a parent to
    spank a child?

32
Level 2 Assault with a weapon or assault
causing bodily harm
  • Hybrid offence- maximum penalty 10 years in
    prison
  • Committing an assault while carrying, using or
    threatening to use a weapon or an imitation of a
    weapon, or causing bodily harm

33
Level 3 Aggravated Assault
  • Most violent
  • Indictable Offence and carries a maximum sentence
    of 14 years in prison
  • Defined as severely wounding, maiming,
    disfiguring or endangering the life of the victim.

34
Video Presentation
  • The Code Assaults on the Ice?

35
R. v. Robert, R. v. Foisy (2000) Page 230
  • 1)Do you agree with the Judges decision and
    sentence in this case?

36
You be the Judge!
  • In Texas, some sex offenders have been ordered
    to post signs declaring their whereabouts, such
    as Danger Registered Sex Offender Lives Here.
  • Texas law also requires the publication of sex
    offenders pictures and addresses. In Canada,
    police sometimes warn the public that a sexual
    offender has moved into an area.

37
Sexual Assault
  • Touching of a sexual nature that is not invited
    or consensual

38
Level 1-Sexual Assault
  • The most common (97 of all cases)
  • Victim suffers the least physical injury
  • Usually involves touching that is not invited or
    consensual
  • Hybrid Offence- maximum penalty is 10 years

39
Level 2 Sexual assault with a weapon, threats to
a 3rd part or causing bodily harm
  • Carries, uses or threatens to use a weapon or an
    imitation of a weapon
  • Threatens to cause bodily harm to the complainant
    or another person
  • Causes bodily harm to the complainant
  • Indictable Offence Maximum 14 years in prison

40
Level 3 Aggravated Sexual Assault
  • Most violent level of sexual assault
  • Indictable Offence- maximum sentence life in
    prison
  • Defined as wounding, maiming, disfiguring or
    endangering the life of the victim.

41
Consent
  • Consent is a valid defence to a charge of sexual
    assault if the accused person had an honest and
    reasonable belief that the victim was consenting
    to sexual contact.
  • However, consent cannot be used as a defence in 3
    instances
  • If a victim said no- either by words or conduct
    (repulsing physical advances or struggling to
    escape an embrace)
  • If the accused is intoxicated at the time
  • If the accused person was reckless or
    deliberately blind to the victims responses or
    failed to take reasonable steps to find out if
    the victim was consenting

42
How much do you know?
  • www.yd.com

43
  • According to the Criminal Code, what is the BAC
    limit (blood alcohol concentration) above which
    it is forbidden to drive a vehicle?A. 0.08
    B. 0.8 C. 0.008 D. 0.88

44
  • Lending your driver's licence to someone else
    isA. permitted in cases of emergencyB. permitt
    ed if that person can drive safelyC. inadvisable
    and illegalD. possible only if that person
    already has a driver's licence, but forgot it at
    home

45
  • When a school bus stops with its red signal
    lights flashing, the law requires drivers
    toA. stop until the bus proceeds or the signal
    lights are deactivatedB. to do as they please as
    long as they tap the hornC. wait for approaching
    vehicles to passD. slow down and then be extra
    careful while passing

46
  • On a one-way road, if a lane is closed, who
    should be given the right-of-way?A. the first
    driver to signal his or her intentionsB. the
    driver on the closed laneC. the driver on the
    open laneD. the first driver to reach the open
    space next to the obstacle

47
  • When towing a trailer on a public road, what is
    illegal to transport in the trailer?A. passenger
    s B. explosives C. firearms D. flammable
    materials

48
  • This hazard marker indicates?A. end of the road
    B. pass on either side of the obstacle C. pass
    to the right of the obstacle D. pass to the left
    of the obstacle

49
  • This sign indicatesA. level crossing on
    tributary road near intersection aheadB. angle
    of track at level crossing aheadC. angle of
    tributary road, intersection aheadD. level
    crossing ahead

50
  • What is the meaning of this sign?A. truck
    crossing ahead B. slow moving lane for trucks
    climbing a steep hill C. minor road repairs
    ahead D. construction for 1 km

51
Motor Vehicle Offences
  • Most vehicle offences are things like speeding
    or failing to stop at a red light. As a result,
    most are not addressed in the Criminal Code. You
    simply get a fine and the matter is dealt with.
    (Quasi Criminal)
  • However, some offences are considered serious
    which are contained in the Criminal Code.

52
Dangerous Operation of a Motor Vehicle
  • To convict an accused of dangerous operation of
    a motor vehicle, the Crown must prove
  • that the safety of others were endangered because
    the driver failed to exercise the same care a
    prudent driver would have exercised under the
    same conditions.
  • Sentencing
  • Dangerous operation of a motor vehicle is a
    hybrid offence and punishable up to 5 years in
    prison
  • Dangerous operation causing bodily harm is an
    indictable offence and is punishable for up to 10
    years
  • Dangerous driving causing death is an indictable
    offence and punishable up to 14 years in prison.

53
Failure to Stop at the Scene of an Accident
  • Anyone who is involved in a motor vehicle
    accident and does not stop, offer assistance and
    give his/her name and address is presumed to show
    intent to escape criminal or civil liability.
    This person may be charged with failure to stop
    at the scene of an accident.
  • Commonly known as hit and run
  • Hybrid offence punishable up to 5 years.
  • causing bodily injury maximum 10 years
  • causing death maximum life.

54
Impaired Driving
  • Proof that a person is impaired can come from a
    number of sources
  • Erratic driving
  • Slurred speech
  • Inability to walk a straight line
  • Smell of alcohol on his/her breath
  • Breath or blood test (cannot exceed 80 mg in 100
    of blood)

55
Impaired Driving
  • If police have reasonable and probable grounds
    to believe that someone is impaired and operating
    a motor vehicle within the last 3 hours, they can
    demand a breath and/or blood test.
  • Driving while impaired and refusing to provide a
    breath/blood sample are hybrid offences. The
    severity of the punishment increases for
    subsequent offences.
  • Impaired driving causing bodily harm carries a
    maximum sentence of 10 years and causing death
    carries a maximum of life in prison.

56
R. v. Taylor (2000) Page 234
  1. How far over the legal limit was the defendants
    alcohol?
  2. What is the maximum penalty if an impaired driver
    kills someone?
  3. What factors may have prompted the judge to
    double the prison sentence recommended by
    counsel? Explain.

57
Items of Interest
  • To Serve or Protect?
  • Blood Alcohol Levels and the Law

58
Offences Against Property
  • Colour of Right
  • The honest belief that a person owns something
    or has permission to use an item
  • Theft
  • The taking of property, permanently or
    temporarily, without the owners permission.

59
V-room! V-room!
  • Suppose Sally borrows a car from her friend
    Mohammed. She tells Mohammed she is going to the
    mall and will return the car in three hours. At
    the mall, Sally meets another friend, Naya, who
    lives out of town. Sall y gives Naya a ride home
    in Mohammeds car and then stays with her for a
    couple of days. On the third day, she tries to
    return Mohammeds car but is stopped by a police
    officer who charges her with theft. Sally had
    permission to use Mohammeds car- has she
    committed an act of theft?

60
  • But what if Mohammed had told Sally to keep the
    car as long as she liked. Could she then claim
    colour of right?

61
Theft and Sentencing
  • Sentencing for theft depends on the value of the
    goods stolen.
  • Theft Over the indictable offences of stealing
    goods worth over 5000
  • Theft Under the hybrid offence of stealing
    goods worth under 5000
  • Identity Theft Video

62
Robbery
  • Theft involving violence or the threat of
    violence
  • According to Stats Canada, in 1997 approximately
    52 of robberies involved the use of a weapon.

63
  • While hunting deer with several companions in
    northern Ontario, it begins to snow. Mario
    becomes separated from the others and loses all
    sense of direction as the wind picks up and
    creates a whiteout. He stumbles upon a vacant
    cottage, kicks open the door, and takes shelter
    until the storm blows over.
  • Is Mario guilty of breaking and entering?

64
Break and Enter (BE)
  • Involves not only breaking and
  • entering into a place but also
  • having the intent to commit an
  • indictable offence once inside.
  • A place is usually a home, a commercial
    building or some other structure the intention
    is usually to commit robbery or theft.

65
BE Sentencing
  • The C.C.C. treats all BEs as serious crimes
    and the penalties can be heavy.
  • Breaking into a commercial building can result up
    to 10 years in prison
  • Breaking into a dwelling house, the maximum
    sentence increases to life in prison

66
  • Pierre and Matthew were drinking at a local
    restaurant. On their way home, they rolled a tree
    trunk onto the railroad tracks. The next morning,
    the train engineer spotted the tree and was able
    to stop the train before it hit the obstruction.
    Even though no one was killed or injured, Pierre
    and Matthew could be charged with ____________.

67
Mischief
  • Mischief is committed by willfully destroying
    property or data, rendering property or data
    useless, interfering with the lawful use of
    property or data, or interfering with any person
    in the lawful use of property or data.
  • One common form of mischief is vandalism
  • Mischief involving data and property are hybrid
    offences
  • Anyone found guilty of mischief that endangers
    another persons life can be sentenced to life in
    prison. It is NOT necessary for the harm to
    materialize as long as the act has been
    committed.
  • Soin the case of Pierre and Matthew did they
    endanger a persons life by placing the tree
    trunk on the tracks?

68
Public Mischief
  • Completely different crime from mischief!!
  • Hybrid offence
  • Occurs when someone provides false information
    that either misleads the police in their
    investigation or tricks them into thinking that a
    crime has been committed when no crime has
    actually taken place.

69
Fraud
  • Falsifying employment records
  • Pretending to be someone else
  • Manipulating the stock market
  • Forging trademarks and signatures
  • These are all examples of ____________.
  • Fraud intentionally deceiving someone in order
    to cause a loss of property, money or service. In
    order to convict a person of fraud, the Crown
    must prove that the accused purposely intended to
    deceive.

70
Fraud
  • The penalties for fraud are determined by the
    value of the fraudulent transaction.
  • Example1 If fraud is valued at less than
    5000
  • the Crown can charge the accused with either a
    summary offence punishable by a fine or an
    indictable offence with a maximum punishment of
    two years in prison.
  • Example 2 If fraud is valued at more than
    5000
  • it is an indictable offence with a maximum
    punishment of 10 years in prison.

71
Prostitution
  • The act of prostitution itself is not a criminal
    offence what is criminal is the act of
    soliciting (communicating for the purpose of
    prostitution).
  • Prostitution usually refers to the act of
    engaging in sexual services for money.

72
Prostitution
  • Section 213 (1) makes it clear that either the
    prostitute or client can be charged with
    soliciting if, in a place open to public view, he
    or she
  • Stops or attempts to stop any motor vehicle
  • Impedes the free flow of pedestrian or vehicular
    traffic- includes blocking entrances/exits
  • Stops or attempts to stop any person, or in any
    manner communicates or attempts to communicate
    with any person, for the purpose of engaging in
    prostitution or of obtaining the sexual services
    of a prostitute.

73
Prostitution Summary Offences
  • Soliciting communication in a public place
  • Keeping a bawdy house
  • Bawdy House is a place kept, occupied, or used
    by a person for the purpose of prostitution or
    the practice of indecent acts.
  • In the above situations, fingerprints or
    photographs are not taken, and the offender will
    not acquire a criminal record. Consequences are
    usually a fine and/or rehabilitation program.

74
Prostitution Indictable Offences
  • Procuring (directing customers to the services of
    a prostitute)
  • Living off the earnings of a prostitute- even on
    a part-time basis.
  • Both carry a maximum penalty of 10 years in
    prison 14 years if the prostitute is under 18.
  • This is most commonly enforced against pimps
    living off the income of street prostitutes.

75
Hmmmm.
  • George offered a plainclothes police officer
    money for sex in a local tavern.
  • Could George charged with soliciting?
  • Yes, because the transaction took place in a
    public place.

76
  • Prostitutes in Iraq
  • Global Information on Prostitution

77
Gambling
  • Gambling itself is not a criminal offence but
    offences can be committed in relation to
    gambling.
  • DISORDERLY HOUSE A common bawdy, betting or
    gaming house, where people bet among themselves
    (on a horse race or football game) and where the
    keeper of the house keeps a portion of the
    winning bet. Anyone found keeping/permitting a
    disorderly house is guilty of an indictable
    offence and can be sentenced up to 2 years in
    prison.
  • There are exceptions to this. For example,
    people getting together to play cards for money
    is fine as long as it is not for the reason for
    the host to make profit. Horserace betting is
    allowed if the track has gained government
    approval and the operators pay the government a
    of the money that customers bet.

78
Drug Offences
  • The Controlled Drugs and Substances Act is the
    federal statute that deals with narcotics and
    other controlled drugs such as heroin, cocaine
    and marijuana.
  • The Act was passed on May 14, 1997
  • The Act outlines illegal drugs and consequences
    for possession and trafficking
  • A controlled substance is any drug outlined in
    the act or basically, any drug you cannot
    purchase legally- for instance, at a store.

79
Possession
  • Possession The state of having knowledge
    of and control over something
  • It is unlawful to be in unauthorized possession
    of any of the drugs listed in Schedules I to III.
    (Some of these drugs may be prescribed for
    medical purposes.)

80
  • Jake held a grudge against Charles. He gave
    Charles a package of white powder and told him it
    was foot powder, when it was actually low-grade
    heroin. After Charles left, Jake called Crime
    Stoppers with a tip that Charles was carrying
    drugs.
  • Can Charles be charged with possession?

81
  • Charles was arrested, but the judge dismissed the
    charges when Charles was able to prove that he
    never knew the powder was a controlled substance.

82
To be guilty of possession
  • 1) The person in possession must know what the
    item is and have some measure of control over it.

83
  • Jenny placed an ounce of marijuana in Celestes
    gym bag. School authorities searched the bag,
    found the drug, and called the police.
  • Who can be charged?

84
  • Jenny was charged with possession of a
    controlled substance, even though the marijuana
    was found in the other girls bag.

85
  • 2) A person may be found guilty of possession
    even if he or she gave the item in question to
    another person.

86
  • Dawna and Carla were going to a party when Dawna
    stopped to pick up several capsules of ecstasy.
    She told Carla what she was doing and Carla
    offered no objection she just waited for her
    friend.
  • If the police stopped these two on their way to
    the party and found the capsules, could either be
    charged with possession?

87
  • Even though the drugs did not belong to Carla
    and she was not taking them herself, she still
    could have been charged with possession on the
    basis of consent.
  • Keep in mind that consent can be broadly
    interpreted. It could mean that Carla gave
    express consent by saying out loud that Dawnas
    possession of the drugs was all right with her.
    It could also mean that she gave implied
    consent because although she knew about the
    drugs, she did nothing to remove herself from the
    situation.

88
  • 3) A person can be actual possession, as long as
    the person knows about it and consents to its
    possession by someone else.

89
Possession Checking Your Understanding!
  • You and three (3) of your friends are hanging
    out at Davids house. David grabs a joint and
    lights it up, passing it around the group.
    Everyone takes a puff. Just at that time, the
    police show up with a warrant to search the
    property and they spot the joint being smoked. Is
    David the only person to get charged and
    convicted?
  • Davids Mom comes out of the kitchen and tells
    the police to leave her child alone- hes not
    hurting anyone. The police then charge her. What
    with and why?

90
Prescription Shopping or Double Doctoring
  • Some people require controlled drugs for pain
    relief. Other people become addicted to certain
    substances. This addiction may cause people to
    PRESCRIPTION SHOP or DOUBLE DOCTOR.
  • These people try to obtain the same prescription
    from a number of doctors
  • It is an offence to seek or to obtain a
    narcotic/prescription from a doctor without
    disclosing all other controlled drugs or
    prescriptions for controlled drugs received
    within the previous 30 days.
  • Summary Offence
  • 1st Offence (maximum) 1000 or 6 months in
    prison
  • 2nd Offence (maximum) 2000 or 1 year in prison
  • Indictable Offence
  • The penalties range from 18 months to 7 years
    depending on the substance.

91
  • The offence of trafficking is taken extremely
    seriously by both the courts and the publicIt
    goes without saying that someone branded as a
    trafficker is held in extremely low regard by
    the public.
  • Supreme Court Justice
  • Claire LHeureux-Dube

92
Trafficking
  • Trafficking to sell, give, administer,
    transport, send, deliver or distribute a
    controlled substance to sell an authorization
    for a controlled substance.
  • Merely giving drugs to another person
    constitutes trafficking- no profit or motive for
    profit is necessary.

93
R. v. Miller (2000)(Please record on your chart!)
  1. Under the controlled Drugs and Substances Act,
    what was the maximum sentence Miller could have
    received?
  2. Explain why the Court concluded that Miller meant
    to traffic in cocaine.
  3. If Miller had been previously convicted for
    trafficking, what effect do you think this prior
    conviction would have had on his sentence?

94
  • Possession for the purpose of trafficking The
    Crown must be able to prove beyond a reasonable
    doubt that the accused possessed the controlled
    substance with the intention of trafficking.
  • Intention can be established in a number of
    ways
  • The quantity of drugs which the accused had was
    much greater than what is required for personal
    use
  • Scales, bags, list of names present
  • Somewhat large amount of cash is present
  • See Chart Page 243

95
Does it really mater?
  • Does it really matter if people use illegal
    drugs or not?
  • Does it really matter if they are only using
    while NOT at work and only on their free time?
  • Consider the following occupations
  • Teacher
  • Airline pilot
  • Police officer
  • Pharmacist
  • Bank teller
  • Receptionist
  • School-bus driver
  • Should drug testing be a condition of employment
    for the above occupations? Which ones? Why or why
    not?

96
Video Selection
  • 5th Estate Staying Alive March 13, 2009

97
Group Work Looking at some Statistics
  • Drug use in Canada (percentage of population)
  • Drug Incidents, Canada
  • Support for Legalization of Marijuana in Canada

98
Money Laundering
  • Money Laundering
  • The practice of transferring cash or other
    property to conceal its illegal origin. Any
    transfer, or possession of, sending or
    delivering, transporting, transmitting, altering,
    disposing of, or otherwise dealing with any
    proceeds of crime can be a criminal offence.
  • Classified as a Hybrid offence
  • Police are allowed to seize anything they
    believe, on reasonable grounds, has been obtained
    by committing a criminal offence.
  • It is also legal for the police themselves to set
    up a money laundering operation as part of a
    criminal investigation.

99
Money Laundering
  • Penalties
  • If tried as an indictable offence, a maximum
    prison of 10 years can be imposed.
  • If tried as a summary offence, the maximum can be
    a 2000 fine and/or 6 months in prison
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