Lecture03.pptx

Questions:  Does RG Mean 100% Positive Belief Beyond ALL Reasonable Doubt?  What are the two ways to define “find committing?” Components or elements of an offence are referred to as__-__-____. Where is arrest defined? What is Jurisdiction? Arrest is defined in two ways:     • 1 • 2  ...

Questions:  Does RG Mean 100% Positive Belief Beyond ALL Reasonable Doubt?  What are the two ways to define “find committing?” Components or elements of an offence are referred to as__-__-____. Where is arrest defined? What is Jurisdiction? Arrest is defined in two ways:     • 1 • 2      Does a Police officer have to say “you are under arrest,” for that person to be arrested? What are the three ways to form reasonable grounds? The assuming of control over a person by demand (verbal) or direction or a police officer is one of the definitions of __________. What are the three levels of policing? You see BG smash a window. BG runs. You chase him and he runs around a corner. You lose sight of him for 5 minutes. Then you see BG walking down the street? What level of belief do you have? Recall Arrest and Detention: It can be defined in different terms  2 essential elements to consider when asking “was there an arrest/detention?” The actual removal or restriction of a person’s liberty without that persons consent. (phy/ver) The person’s belief that he/she had their freedom removed whether or not it actually has been removed. Methods to constitute arrest/detention Physical Physical custody Physical constraint Removal or restriction of person’s liberty Mental Restraint of person’s liberty (freedom) Control over a person by demand or direction Psychological compulsion (the person believes their freedom was removed Determining Factors if an Arrest/ Detention Happened as the Police    He thinks it: Belief of the person to whom the demand or direction is made to. A reasonable belief can’t leave. You (police) think “he’s not leaving”: Intent of the person who makes the demand/direction has the belief the person has had their freedom removed. Arrest VS Charge What is the difference between arrest and charge? Arrest is taking custody of the BG  Charge is having an information sworn to and signed (compelling BG to go to court and answer to the charge) Classification of Criminal Offences  Classification is a list of categories of offences found in federal statutes that are divided by severity. Divided by Severity:   Summary Conviction Offences- minor criminal offences. Indictable Offences- major criminal offences. Arrest/Charge – Summary Conviction  SC Offences- you must find committing to arrest.  Recall FC- Seeing the entire offence committed PLUS the BG stays at the scene OR, Seeing the entire offence committed PLUS the BG leaves the scene PLUS you pursue him continuously until BG is arrested. What if you don’t find committing? If you form RG’s you can still charge?   SC Find Committing Arrest Charge/Unconditional SC Have Reasonable Grounds Charge release SC Offences: 1: Time Limit = 12 months. There is a time limit of 12 months to charge the offender. 12 months Offence Date Charge  An information (charge) must be laid only between these two dates. Date offence occurred to 12 months later. What happens after 12 months?  The time to charge the BG has expired. If the BG has not been charged within the 12 months an information CAN NEVER be laid.  This is known as, the time limit or  STATUTE OF LIMITATIONS SC Maximum General Penalty:  Criminal Code says if the person is convicted of a SC offence, MAXIMUM penalty is: 2yrs less a day Jail and/or $5000 fine Could it be both? YES Are there exceptions to the maximum penalty?   YES Any exceptions to the max penalty will be found in the penalty section of the offence. In other words, generally speaking all penalties are 2yrs less a day and/or $5000 fine. However, there are exceptions found in those unique offences.  Also, the JUDGE has no discretion to give more jail time or a greater fine.  SC Offences • They are listed in your text book • We will be reviewing the most common ones in class • All can be found in the Criminal Code Quick Review:   Although Arrest/Detention are generally the same thing, we should make sure we can determine which textbook definition is Arrest and which is Detention. Charge vs Arrest = very different terms. • Charge- the laying of the information • Arrest- physically/mentally compelling someone      Summary Conviction Offences- minor offences. Summary Conviction Offences-2yrs less a day and/or $5000 maximum penalty. There are exceptions to these penalties. They are found in the specific offence section. Statute of Limitations = Time Limit The Judge has no discretion to increase the maximum penalties with Summary Conviction Offences. SC Offences:  Cause Disturbance: -“public place” (not home) Fact-in-Issue -disturbs by… -fighting, screaming, shouting, swearing, singing or using insults/obscene language.  Example of Public Place- bar, business, streets, school, park etc… Case Study: Cause Disturbance:          You are the police. On patrol downtown St. Catharines. It is 2pm. You notice a male standing at the corner of James St. and St. Paul St. He is screaming, swearing and yelling. Pedestrians in the area are looking at him. Off? Cause Disturbance Class of Off? SC Level of Belief? FC Arrestable? Yes Case Study Continued…    You arrest the male for causing a disturbance. Can you charge him? Yes Case Study: IGNORE THIS CASE STUDY           Your are a police officer. You are dispatched to the bus terminal in St. Catharines. The female complainant (25) reports to you that a male in a rain coat just flashed her near the bathrooms. She walks around the bus station and finds him and points him out to you. He is sitting on a bench wearing a rain coat. It is obvious he is wearing nothing else underneath the coat. Level of belief? Reasonable Grounds. Why? 1 credible eyewitness (the female complainant) Can you arrest the male in the rain coat? No. Why? Summary Conviction offence. Did not find committing. Only have RG’s. Can you charge the male? Yes. By laying an information. How long do you have to lay the information? 12 months from the date of the offence. Case Study: Trespass By Night:    Trespass by night is NOT Trespassing. Trespassing is Provincial under the Trespass to Property Act. These are two separate offences with much different penalties (severity) Trespass by Night Trespassing C.C. offence Prov. Offence Conviction = Crim. Record paid a fine “ticket” Conviction = Case Study Continued…     Trespass By Night Night- defined in the C.C. as between the hours of 9pm to 6am (next day) Trespass By Night Trespass- means to ‘loiter’ on a dwelling house/property. IT DOES NOT APPLY TO PUBLIC PLACES.            Case Study Continued… You are the police. It is 11pm.You see a guy walking down the street. You stop him and ask him for ID. He says “no way PIG,” and walks away. Is he compelled to produce ID? No You continue to patrol the area. 5 mins. later you see the same male between two homes. You stop him. Off? Trespass by Night Class of Off? SC Level of Belief? FC Arrestable? Case Study Continued…      Same offence, same facts-in-issue. However, it occurs at 7:30pm. But it is dark outside. Trespass by Night? No. Why? Did not occur between the times of 9pm-6am Case Study Continued…              You are a police. At 2am, you are dispatched to 18 Manning St. Upon arrival you meet with the female complainant. Mrs. NICKSON tells you that when she was getting changed in her bedroom she saw a male peering at her from the window. She immediately recognized the male as Larry. Larry lives across the street at 15 Manning St. You go and meet with Larry. Off? Trespass by Night Class of Off? SC Level of Belief? RG.Why? One credible eyewitness Arrestable? No Can Larry be charged with Trespass by Night? Yes Case Study Continued…     At 11:15pm, Mrs. NICKSON is at the REX HOTEL. She goes into the washroom. She see’s Larry looking at her threw the bathroom window. Trespass by Night? No. Why? Did not occur on dwelling house property. The REX is a public place not a house. Engage in Prize Fight   Fighting with hands/fists between two persons who have met for the purpose of boxing (fighting). This contest has not been sanctioned by an athletic commission or similar body and is also not sanctioned by the province. Not to: • Be principal of the fight, • Advise the fight, • Encourage the fight, • Promote the fight, • Umpire the fight, or, • Report on the fight Case Study: Transportation, Food or Accommodation Fraud:   Transportation Fraud: Must prove any kind of transportation was obtained with a fee attached. • Plane • Train • Automobile (taxi) • Rickshaw • Horse and carriage  Must prove intentionally did not pay. Case Study:               You are the police dispatched to 23 Main St. in Welland. Upon arrival you meet the complainant, a taxi driver. He tells you that ten minutes ago he dropped off a male to this address. When the cab stopped he jumped out and yelled “I’m not paying you,” then ran into 23 Main St. You attended the door and met with the male. He confesses to the offence. Off? Transportation Fraud Class of Off? SC Level of Belief? RG.Why? Confession to anyone (police) Arrestable? No. Why? Did not FC. Charge? Food Fraud:  Food Fraud ‘dine and dash’- must prove consumption of food OR beverage AND intentionally did not pay. EAT FOOD or DRINK BEV. + DO NOT PAY Food Fraud Does Not Include:    Person is in a grocery store and takes an item of food, hides it and then leaves the store without paying for it. Off? Theft Under $5000 Accommodation Fraud:  Must prove the person obtained any kind of temporary lodging (room) PLUS, intentionally did not pay.  Landlord calls police to complain about a tenant who has failed to pay the rent. This is NOT accommodation fraud, theft or fraud. Not a police matter- this is Landlord/tenant dispute and is a civil matter. Police have NO authority.  