CRIMINAL OFFENCE CLASSIFICATION

It is important to know how to classify an offence because it determines:

a) The power of arrest for a citizen or police

b) The rights of the accusedc) How the trial will proceed (in which

court) andd) What penalty will be imposed

CLASSIFICATION OF CRIMES

1. SUMMARY CONVICTION OFFENCES

2. INDICTABLE OFFENCES3. HYBRID/DUAL PROCEDURE

OFFENCES

1. SUMMARY CONVICTION OFFENCES Minor offences for which an accused can be arrested

or summoned to court without delay (tried without a preliminary hearing or jury)

Includes all provincial offences (i.e. Traffic violations)

Penalties range from small fines to imprisonment Maximum penalty is $2000 fine and/or 6 months in

prison Charges must be filed within 6 months of the

offence Examples: break and enter; assault

Here are some information that you should know if you charged with committing a summary offence: Alternative measures can be considered for

less serious summary offences. Trials are held before a judge in the

Provincial Court Police cannot take your fingerprints As an adult, you may apply to receive

a pardon three years after you complete your sentence.

2. INDICTABLE OFFENCES Severe criminal offences (i.e., murder) The Crown proceeds by indictment (press

charges) Severe penalties are imposed at the discretion

of the trial judge, based on the Criminal Code Some crimes have a minimum penalty that must

be adhered to There is no statute of limitations (time limit in

which to take action) for indictable offences Examples: murder; fraud

Here are some information you should know if you are charged with an indictable offence: Depending on the offence, you could receive a

penalty as high as life in a correctional centre. For most indictable offences, you will have a

choice (called election) to have a trial with a Provincial Court judge, a Superior judge alone or Superior Court judge with a jury.

Some trials are held only in specific courts. For instance, trials for some indictable offences are always held in Provincial Court. For these offences, you do not have a choice. For other indictable offences, such as first-degree murder, you must have a trial with a Superior Court judge and jury.

3. HYBRID OFFENCES (DUAL PROCEDURE OFFENCES) Offences that are punishable as both an indictable

offence and summary conviction offence The Crown decides how to proceed – either by

indictment or summarily Hybrid offences are always treated as indictable until

the Crown formally decides, or elects to proceed summarily

First time offences are usually treated as summary conviction offences, depending on the nature of the crime

Example: theft over $5000 –indictable theft under $5000 --summary

TYPES OF OFFENCE

Summary Conviction Offence

A less serious offence

Indictable Offence

A more serious offence

Hybrid offenceSeriousness varies according to the

circumstances of the offence

PARTIES TO AN OFFFENCE – WHO IS INVOLVED IN A CRIME?1. THE PERPETRATOR

The person who actually commits the offence;

If there is more than one – "co-perpetrators";

To be a perp. or co-perp., you must actually be at the scene of the offence.

Those people who are indirectly involved in committing a crime because they have somehow assisted the perpetrator in committing the offence are also considered “parties to an offence”. They include:

1. AIDING: linked to a crime by assisting a perpetrator. You do not have to be present when the offence is committed to be

found guilty of aiding.

2. ABETTING: encourages the perpetrator of a crime without actually providing physical assistance.

You must be aware that a criminal action was intended and must have committed some action that assisted the perp.

Two things must be proven to be convicted for aiding and abetting:1. The accused knew there was intent to commit a crime2. The accused aided and abetted the other

*Mere presence at the scene is not evidence of aiding and abetting – it must be accompanied by other factors, such as prior knowledge of the perp's intentions to commit the offence.