Crime Articles



Crime Articles

So you already know the different categories of crimes. Let’s apply this information to real life situations.

Your Task:

Step One: Identify the crimes that have been committed in the following news reports.

Step Two: Use the resources given to decide what the charges are, whether they are

indictable, summary or hybrid, and what the maximum penalty would be.

Step Three: Record the information in the chart provided or one you have drawn in

your own notebook.

Straight from the newspapers . . .

Driver Guilty after Chase Hurt Officer

A 44-year old Toronto man has pleaded guilty to impaired driving causing bodily harm and failing to give a breath sample. He was involved in a car chase with police last December. Mr. John Gray hit the car of Sergeant Heather Hodgson ad then left the scene. The Sergeant followed him and then chased him on foot. She has been slightly injured, as well as her small daughter who was in the car with her.

Thieve Grab Cigarettes

Halton police say about $344 worth of cigarettes were stolen when someone smashed the glass window at the front of a Becker’s convenience store on Sunday morning. There were no injuries.

Controversial case coming to trial next week

The trial of a Burlington woman charged with second degree murder is finally scheduled to begin next week.

Amanda Middleford was arrested two years ago in an apparent case of road rage. It is alleged that she followed another driver home after she was cut off on the QEW at the Appleby Line exit. After uttering threats to the other driver she stepped on the gas deliberately, pinning the victim to her garage and killing her immediately.

The case has been prominent in the news and Ms Middleton has been nicknamed the Desperado Housewife.

Man Gets Two Years for $200 Robbery

A Kenora man pretended he was a newcomer who couldn’t speak English and robbed a Dundas man. Francis Dewar met a man at a Hamilton bar, pretended to need help and then threatened him with a pair of scissors. He took the victim to a bank machine and made him take out $500. Mr. Dewar was arrested the next day.

Bookkeeper in Drug Case Granted Bail

An Ancaster accountant has been charged with six drug offences. He was released on a $10 000 cash bail. Mr. Alexander Lewis, 36, looked shaken and at time almost crying when he was at his bail hearing yesterday. He has been suspended from his job without pay.

After a three-month investigation began in December, detectives arrested Lewis Thursday morning in his office. The drug charges include conspiracy to traffic in hashish, conspiracy to traffic in cocaine, trafficking in marijuana, possession fo marijuana and two charges of trafficking in hashish.

ComiCon fight leads to assault charges

A Pembroke man in Hamilton for a popular comic book conference has been charged with assault causing bodily harm. Dressed as Darth Vader, Paul Mason took exception to comments made from other Star Wars characters. He was allegedly most unhappy with disparaging statements from a group of Ewoks. A fight in the parking lot broke out and Mr. Mason abandoned his replica light sabre for a tire iron he retrieved from his trunk.

Two Ewoks were treated for bruises and another is still in hospital with a concussion.

Theft/Robbery

Definitions: The key difference between robbery and theft is that robbery is theft with violence or the threat of violence. It is therefore a more serious offence.

Break and enter occurs when a person breaks into a place for the purpose of committing and indictable offence. The indictable offence is usually theft. In other words, if a person breaks into a cottage to seek shelter from a storm, they are not guilty of a crime. The offence is more serious if the place broken into is a dwelling place – that is, someone’s home.

Offence

Theft

- of property worth $5 000 or less

(hybrid offence)

- of property worth more than

$5 000 (indictable offence)

Robbery

(indictable offence)

Break and Enter

- into a dwelling place

- into a place that is not a home

(indictable offences)

Possession of stolen property

- property worth $5 000 or less

(hybrid offence)

- property worth more than

$5 000 (indictable offence)

Maximum Penalty

- as an indictable offence, two years imprisonment

- as a summary conviction, a fine of

$2 000 and/or six months imprisonment

- ten years’ imprisonment

- life imprisonment

- life imprisonment

- fourteen years imprisonment

- as an indictable offence, two years imprisonment

- as a summary conviction, a fine of

$2 000 and/or six months’ imprisonment

- ten years imprisonment

Murder

Definitions: Murder can be classed as either first degree or second degree.

Murder is first degree is any of the following situations:

1. When it is planned and deliberate.

2. When the victim is a police officer, constable or sheriff acting in the course of his or her duties, a prison guard, or any other person working in the prison with the permission of the prison authorities (social workers, doctors, nurses).

3. When the death is caused while committing certain offences such a hijacking, kidnapping or sexual assault.

4. When the defendant has been previously convicted of first of second degree murder.

If the murder does not fall within one of these sections, it is second degree murder.

Offence

First degree murder

(indictable offence)

Second degree murder

(indictable offence)

Manslaughter

(indictable offence)

Maximum Penalty

- life imprisonment

- not eligible for parole for twenty-five years

- life imprisonment

- not eligible for parole for ten years

- life imprisonment

Conspiracy

Definitions: To be charged with an attempted offence or conspiracy, the accused must have done more than prepare for it. The accused must have committed an action or omission directly connected with the crime.

Everyone who, having an intent to commit an offence does or omits to do anything for the purpose of carrying out his intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence. It is an offence to conspire; that is, to make an agreement to do an unlawful action. Whether or not the action is ever carried out does not matter. An offence is committed as soon as tow or more people agree to perform an unlawful action.

Offence

Conspiracy, murder

(indictable)

Conspiracy to commit an indictable offence

(indictable offence)

Conspiracy to commit a summary offence

(summary conviction)

Maximum Penalty

- life imprisonment

- the maximum sentence is the same for the attempt as for committing the actual crime

- Six months imprisonment and/or

$2 000 fine

- the maximum sentence is the same for the attempt as for committing the actual crime

Drinking and Driving

Definitions: A driver is considered impaired if he or she registers .08 ml of alcohol per 100 ml of blood.

Offence

Impaired driving

(hybrid offence)

Driving with a blood alcohol level exceeding 0.08 per cent

(hybrid offence)

Failing to provide a breath or blood sample without a reasonable excuse

(hybrid offence)

Impaired driving causing death

(indictable offence)

Impaired driving causing bodily harm

(indictable offence)

Driving while prohibited or suspended under federal or provincial law

(hybrid offence)

Maximum Penalty

If treated as a summary conviction the minimum penalties are as follows:

For first offence: $300 fine and three months’ driving prohibition

For second offence: 14 days’ imprisonment and six months’ driving prohibition.

For third and subsequent offences: 90 days’ imprisonment and one year’s driving prohibition

Maximum penalty as a summary conviction: $2 000 fine, six months’ imprisonment and three years’ driving prohibition.

If treated as an indictable offence: Five years’ imprisonment and three years’ driving prohibition.

Fourteen years’ imprisonment and ten years’ driving prohibition.

Ten years’ imprisonment and ten years’ driving prohibition

As a summary conviction, a fine of

$2 000 and/or six months’ imprisonment and three years’ driving prohibition

As an indictable offence, two years imprisonment and three years’ driving prohibition.

Drugs

Definitions: Examples of narcotics are marijuana, hashish, cocaine, mescaline. Other drug categories include controlled and restricted drugs.

Offence

Possession of a narcotic

(hybrid offence)

Trafficking in a narcotic

(indictable offence)

Importing or exporting a narcotic

(indictable offence)

Trafficking in a controlled drug

(hybrid offence)

Maximum Penalty

Maximum penalty for first offence

If treated as summary: $1 000 fine and or six months’ imprisonment

For subsequent offences: $2 000 fine and or six months’ imprisonment

If treated as indictable: Seven years’ imprisonment.

Life imprisonment.

Life imprisonment

As a summary conviction, eighteen months’ imprisonment

As an indictable offence, ten years imprisonment

Assault/Sexual Assault

Definitions: Aggravated assault and aggravated sexual assault are the most serious type of assault. The charges follow when the victim is wounded, disfigured, maimed or has his or her life threatened.

Offence

Assault

(hybrid offence)

Assault with a weapon or causing bodily harm

(indictable offence)

Aggravated assault

(indictable offence)

Sexual assault

(hybrid offence)

Sexual assault

- with the use of a weapon

- by threatening bodily harm to a

person other than the victim

- which caused bodily harm to

the victim

- where the accused is a party to

the offence with any other person

(indictable offence)

Aggravated sexual assult

(indictable offence)

Maximum Penalty

If treated as a summary conviction:

$2 000 fine, six months’ imprisonment and three years’ driving prohibition.

If treated as an indictable offence: Five years’ imprisonment.

Ten years’ imprisonment.

Fourteen years’ imprisonment.

As a summary conviction, a fine of

$2 000 and/or six months’ imprisonment

As an indictable offence, ten years imprisonment

Fourteen years’ imprisonment

Life imprisonment.

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