Criminal Code Chapter 101: Property Offences

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Questions and Answers

What constitutes a crime under Section 132(1) of the Criminal Code?

Destroying or damaging another's property without lawful excuse, intending to do so or being reckless about the damage.

How is a crime of arson defined under Section 132?

A crime committed by destroying or damaging property by fire or explosive matter.

What are the potential penalties for someone convicted of arson according to Section 135?

Imprisonment for life on indictment or up to five years on summary conviction.

What does Section 133 state about threats related to property damage?

Making threats to damage property, intended to instill fear that the threat would be carried out, is a crime. Signup and view all the answers

What constitutes intent under Section 134 regarding custody of items for property damage?

Having custody of an item with the intent to use it to destroy or damage property unlawfully. Signup and view all the answers

What does Section 132(2) describe regarding the recklessness related to life endangerment?

A person committing damage intending to endanger life or being reckless about endangering life commits a crime. Signup and view all the answers

What is the maximum penalty for committing any other offense under this Title as stated in Section 135?

Imprisonment for a term not exceeding ten years on indictment and up to five years on summary conviction. Signup and view all the answers

Under Section 135, what implications does a summary conviction carry in relation to other offenses?

A summary conviction can result in imprisonment for up to five years. Signup and view all the answers

What two key elements must be established for property protection under the discussed section?

The property must be in immediate need of protection, and the means of protection must be reasonable considering the circumstances. Signup and view all the answers

How does the section view a belief regarding the need for property protection?

It is immaterial whether the belief is justified as long as it is honestly held. Signup and view all the answers

What types of property are included in the definition of 'property' as per this section?

Property includes tangible assets, real or personal, including money, and certain wild creatures. Signup and view all the answers

What is stated about the status of wild creatures under the property definition?

Wild creatures may be considered property if they have been tamed or are regularly kept in captivity. Signup and view all the answers

Which items are explicitly excluded from the property definition in this section?

Flowers, fruits, or foliage of a plant growing wild on any land are excluded. Signup and view all the answers

In terms of ownership, how is property treated when it relates to a person?

Property is treated as belonging to any person having custody, control, or proprietary interest in it. Signup and view all the answers

If property is subject to a trust, who is considered to have rights to it?

Persons to whom the property belongs and those having a right to enforce the trust are considered to have rights. Signup and view all the answers

How is corporate property viewed under this section?

Corporate property is treated as belonging to the corporation, even in the case of a vacancy. Signup and view all the answers

What legal discretion does the Director of Public Prosecutions have regarding arson charges under section 132(3)?

The Director of Public Prosecutions may choose to try the arson offence summarily. Signup and view all the answers

Which crimes are covered under section 136?

Section 136 applies to crimes under section 132(1), section 133, and section 134, except those involving threats that endanger life. Signup and view all the answers

Under what condition can a person charged with a crime under section 136 be treated as having a lawful excuse?

If they believed that the property owner consented to the destruction or damage of the property. Signup and view all the answers

What scenario must a person charged with a crime under section 136 believe in order to claim a lawful excuse?

They must believe that the person or persons entitled to consent would have consented if they knew of the circumstances. Signup and view all the answers

What does section 136 (2) clarify about individuals charged with relevant crimes?

It clarifies that these individuals shall be treated as having a lawful excuse apart from the sub-section conditions. Signup and view all the answers

What must a person demonstrate if they destroy or damage property under section 136?

They must demonstrate that they acted to protect property belonging to themselves or another, believing they had that right. Signup and view all the answers

In section 136, what is stated about threats involving endangerment to life?

Threats by a person charged that endanger life are excluded from the conditions applied in section 136. Signup and view all the answers

What is the implication of believing one has a right to consent for crimes under section 134?

Believing they had a right to consent allows an individual to potentially establish a defense in property damage cases. Signup and view all the answers

Study Notes

Criminal Code Chapter 101, Part 3: Offences Against Property

Section 132:
- Destroying or damaging another's property without lawful excuse is a crime.
- Includes intending to destroy/damage or being reckless about whether property would be destroyed/damaged.
- If the destruction/damage is intended to endanger another's life or is reckless regarding that life, the crime is more serious.
- Destroying/damaging property by fire or explosives is considered arson.
Section 133:
- Threatening to destroy/damage another's or a third party's property, intending the threat will be carried out, is a crime.
- Includes threatening to damage one's own property in a way that endangers another.
Section 134:
- Using or allowing someone else to use property under your control, intending to destroy/damage another's property, or to endanger another's life, is a crime.
Section 135:
- Arson (chargeable under section 132(3)) is liable to:
  - Imprisonment for life (indictment)
  - Imprisonment for up to 5 years (summary conviction)
- Other offences under section 132(2): Imprisonment for life.
- Other offences under this title are liable to:
  - Imprisonment for up to 10 years (indictment)
  - Imprisonment for up to 5 years (summary conviction)
- Offences under section 132(3) can be tried summarily at the discretion of the Director of Public Prosecutions
Section 136:
- Explains when a person charged with an offense under sections 132, 133, or 134 might have a lawful excuse. There is a clause regarding legitimate belief of need to protect a right or property
- Belief does not have to be justified to be lawful, but must be honestly held.
- Covers cases if property in question was needed for protection.
- This section does not diminish other defenses available under law.
Section 137:
- Defines "property" for purposes of this chapter.
  - Includes tangible items like money, wild animals, and even the results of a plant's growth).
  - Excludes certain items, like wild plants' flowers, foliage, and wild fruits.
- Explains ownership when property has a trust or legal obligation attached to it.
Section 138:
- Defines "damage" as not only physical damage but also the loss of use (whether temporarily or permanently) of an object. It takes into account that it can be caused when expense is needed to re-work or re-establish the item's utility.

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Description

Explore the intricacies of property offences in Criminal Code Chapter 101, Part 3. This quiz covers key sections that detail crimes such as destruction, damage, and arson, alongside their legal implications. Assess your understanding of lawful excuses, threats, and the responsibilities associated with property control.