For you to get convicted of a crime, the Crown prosecutor needs to prove beyond a reasonable doubt that the alleged incident was caused by your conduct and that this alleged conduct was accompanied by a guilty mind. These two elements are referred to as the Actus Reus and the Mens Rea of the alleged...
Self-defence is a defence that is both based on statute and common law. Self-defence is a complete defence as it serves as a justification for your conduct and if the defence is run successfully, it will provide you with an acquittal. The Criminal Code indicates the following: Defence — use or threat of...
Sexual assault is a hybrid offence in which the Crown can choose to charge by an indictment or proceed summarily. S.271 of the Criminal Code indicates the following: Everyone who commits a sexual assault is guilty of (a) an indictable offence and is liable to imprisonment for a term of not more than 10...
S.22 of the Criminal Code indicates that: 22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which...
Provocation is a partial defence that only applies to murder as it has the capability to reduce a murder charge to a manslaughter charge. S.232(1) of the Criminal Code indicates that culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat...
24(1) of the Criminal Code indicates that “everyone who, having an intent to commit on offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence”. Additionally, s.24(2)...
In Canada, there are 2 categories in which criminal offences are divided: Indictable Offences and Summary Offences. It becomes important to classify an offence as either indictable or summary as this classification can affect the following: Whether the limitation period to charge you with an offence applies; The sentence that may be available for you; ...
Preliminary inquiries are available for indictable offences which carry a maximum penalty of 14 years or more. In a preliminary inquiry, the judge must determine whether the Crown has presented a prima facie case. A prima facie case means that the Crown has to present enough evidence to support a guilty verdict. If the...
In situations where you are being charged with a crime, it is important that you know what your rights are. The Canadian Charter of Rights and Freedoms (‘The Charter’) provides individuals with many rights which you should be familiar with: S.8 of the Charter provides that everyone has the right to be secure against...
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