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Started by GLover, 10 May, 2014, 00:06:44

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GLover

#15
11 May, 2014, 04:30:58 Last Edit: 13 May, 2014, 00:34:55 by GLover
Sexual Assault Causing Bodily Harm


Legislation/Guidelines

Sexual assault with a weapon, threats to a third party or causing bodily harm

272. (1) Every person commits an offence who, in committing a sexual assault,
  • (a) carries, uses or threatens to use a weapon or an imitation of a weapon;
  • (b) threatens to cause bodily harm to a person other than the complainant;
  • (c) causes bodily harm to the complainant; or
  • (d) is a party to the offence with any other person.
Punishment

(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
    • (i) in the case of a first offence, five years, and
    • (ii) in the case of a second or subsequent offence, seven years;
  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years; and
  • (a.2) if the complainant is under the age of 16 years, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of five years; and
  • (b) in any other case, to imprisonment for a term not exceeding fourteen years.
Subsequent offences

(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
  • (a) an offence under this section;
  • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
  • (c) an offence under section 220, 236, 239 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Statutes

R.S., 1985, c. C-46, s. 272; 1995, c. 39, s. 145; 2008, c. 6, s. 28; 2009, c. 22, s. 10; 2012, c. 1, s. 26.

Principles and Factors

Unknown.

Aggravating Factors

Unknown.

Mitigating Factors

Unknown.
'I maintain there is much more wonder in science than in pseudoscience. And in addition, to whatever measure this term has any meaning, science has the additional virtue, and it is not an inconsiderable one, of being true.” ~ Carl Sagan (1934 - 1996)

GLover

#16
11 May, 2014, 04:31:56 Last Edit: 13 May, 2014, 00:37:59 by GLover
Aggravated Sexual Assault


Legislation/Guidelines

Aggravated sexual assault

273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

Aggravated sexual assault

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable
  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
    • (i) in the case of a first offence, five years, and
    • (ii) in the case of a second or subsequent offence, seven years;
  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
  • (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and
  • (b) in any other case, to imprisonment for life.
Subsequent offences

(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
  • (a) an offence under this section;
  • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
  • (c) an offence under section 220, 236, 239 or 272, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Statutes

R.S., 1985, c. C-46, s. 273; 1995, c. 39, s. 146; 2008, c. 6, s. 29; 2009, c. 22, s. 11; 2012, c. 1, s. 27.

Principles and Factors

Unknown.

Aggravating Factors

Unknown.

Mitigating Factors

Unknown.
'I maintain there is much more wonder in science than in pseudoscience. And in addition, to whatever measure this term has any meaning, science has the additional virtue, and it is not an inconsiderable one, of being true.” ~ Carl Sagan (1934 - 1996)

GLover

#17
13 May, 2014, 00:40:29 Last Edit: 13 May, 2014, 00:44:30 by GLover
Indecent Act


Legislation/Guidelines

Indecent acts

173. (1) Everyone who wilfully does an indecent act in a public place in the presence of one or more persons, or in any place with intent to insult or offend any person,
  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years; or
  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months.
Exposure

(2) Every person who, in any place, for a sexual purpose, exposes his or her genital organs to a person who is under the age of 16 years
  • (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than two years and to a minimum punishment of imprisonment for a term of 90 days; or
  • (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than six months and to a minimum punishment of imprisonment for a term of 30 days.
Statutes

R.S., 1985, c. C-46, s. 173; R.S., 1985, c. 19 (3rd Supp.), s. 7; 2008, c. 6, s. 54; 2010, c. 17, s. 2; 2012, c. 1, s. 23.

Principles and Factors

Unknown.

Aggravating Factors

Unknown.

Mitigating Factors

Unknown.
'I maintain there is much more wonder in science than in pseudoscience. And in addition, to whatever measure this term has any meaning, science has the additional virtue, and it is not an inconsiderable one, of being true.” ~ Carl Sagan (1934 - 1996)

GLover

#18
13 May, 2014, 00:43:27 Last Edit: 13 May, 2014, 00:51:24 by GLover
Trafficking in Persons


Legislation/Guidelines

Trafficking in persons

279.01 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person, or exercises control, direction or influence over the movements of a person, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable
  • (a) to imprisonment for life if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
  • (b) to imprisonment for a term of not more than fourteen years in any other case.
Trafficking of a person under the age of eighteen years

279.011 (1) Every person who recruits, transports, transfers, receives, holds, conceals or harbours a person under the age of eighteen years, or exercises control, direction or influence over the movements of a person under the age of eighteen years, for the purpose of exploiting them or facilitating their exploitation is guilty of an indictable offence and liable
  • (a) to imprisonment for life and to a minimum punishment of imprisonment for a term of six years if they kidnap, commit an aggravated assault or aggravated sexual assault against, or cause death to, the victim during the commission of the offence; or
  • (b) to imprisonment for a term of not more than fourteen years and to a minimum punishment of imprisonment for a term of five years, in any other case.
Material benefit

279.02 Every person who receives a financial or other material benefit, knowing that it results from the commission of an offence under subsection 279.01(1) or 279.011(1), is guilty of an indictable offence and liable to imprisonment for a term of not more than ten years.

Withholding or destroying documents

279.03 Every person who, for the purpose of committing or facilitating an offence under subsection 279.01(1) or 279.011(1), conceals, removes, withholds or destroys any travel document that belongs to another person or any document that establishes or purports to establish another person's identity or immigration status is guilty of an indictable offence and liable to imprisonment for a term of not more than five years, whether or not the document is of Canadian origin or is authentic.

Statutes

2005, c. 43, s. 3.

2010, c. 3, s. 2.

2005, c. 43, s. 3; 2010, c. 3, s. 3.

2005, c. 43, s. 3; 2010, c. 3, s. 3.

Principles and Factors

Unknown.

Aggravating Factors

Unknown.

Mitigating Factors

Unknown.
'I maintain there is much more wonder in science than in pseudoscience. And in addition, to whatever measure this term has any meaning, science has the additional virtue, and it is not an inconsiderable one, of being true.” ~ Carl Sagan (1934 - 1996)

GLover

#19
13 May, 2014, 00:45:31 Last Edit: 13 May, 2014, 00:54:04 by GLover
Abduction of a Young Person


Legislation/Guidelines

Abduction of person under sixteen

280. (1) Every one who, without lawful authority, takes or causes to be taken an unmarried person under the age of sixteen years out of the possession of and against the will of the parent or guardian of that person or of any other person who has the lawful care or charge of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

Abduction of person under fourteen

281. Every one who, not being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, unlawfully takes, entices away, conceals, detains, receives or harbours that person with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Abduction in contravention of custody order

282. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, in contravention of the custody provisions of a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person is guilty of
  • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
  • (b) an offence punishable on summary conviction.
Abduction

283. (1) Every one who, being the parent, guardian or person having the lawful care or charge of a person under the age of fourteen years, takes, entices away, conceals, detains, receives or harbours that person, whether or not there is a custody order in relation to that person made by a court anywhere in Canada, with intent to deprive a parent or guardian, or any other person who has the lawful care or charge of that person, of the possession of that person, is guilty of
  • (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
  • (b) an offence punishable on summary conviction.
Statutes

R.S., c. C-34, s. 249; 1980-81-82-83, c. 125, s. 20.

R.S., c. C-34, s. 250; 1980-81-82-83, c. 125, s. 20.

R.S., 1985, c. C-46, s. 282; 1993, c. 45, s. 4.

R.S., 1985, c. C-46, s. 283; 1993, c. 45, s. 5.

Principles and Factors

Unknown.

Aggravating Factors

Unknown.

Mitigating Factors

Unknown.
'I maintain there is much more wonder in science than in pseudoscience. And in addition, to whatever measure this term has any meaning, science has the additional virtue, and it is not an inconsiderable one, of being true.” ~ Carl Sagan (1934 - 1996)

GLover

#20
13 May, 2014, 00:46:24 Last Edit: 13 May, 2014, 00:56:51 by GLover
Kidnapping and Unlawful Confinement


Legislation/Guidelines

Kidnapping

279. (1) Every person commits an offence who kidnaps a person with intent
  • (a) to cause the person to be confined or imprisoned against the person's will;
  • (b) to cause the person to be unlawfully sent or transported out of Canada against the person's will; or
  • (c) to hold the person for ransom or to service against the person's will.
Punishment

(1.1) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
  • (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
    • (i) in the case of a first offence, five years, and
    • (ii) in the case of a second or subsequent offence, seven years;
  • (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
  • (b) in any other case, to imprisonment for life.
Subsequent offences

(1.2) In determining, for the purpose of paragraph (1.1)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
  • (a) an offence under subsection (1);
  • (b) an offence under subsection 85(1) or (2) or section 244 or 244.2; or
  • (c) an offence under section 220, 236, 239, 272, 273, 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.

Sequence of convictions only

(1.3) For the purposes of subsection (1.2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.

Forcible confinement

(2) Every one who, without lawful authority, confines, imprisons or forcibly seizes another person is guilty of
  • (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or
  • (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
Statutes

R.S., 1985, c. C-46, s. 279; R.S., 1985, c. 27 (1st Supp.), s. 39; 1995, c. 39, s. 147; 1997, c. 18, s. 14; 2008, c. 6, s. 30; 2009, c. 22, s. 12.

Principles and Factors

Unknown.

Aggravating Factors

Unknown.

Mitigating Factors

Unknown.
'I maintain there is much more wonder in science than in pseudoscience. And in addition, to whatever measure this term has any meaning, science has the additional virtue, and it is not an inconsiderable one, of being true.” ~ Carl Sagan (1934 - 1996)
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