INTRODUCTION AND BRIEF DESCRIPTION
Setting or allowing a trap or device that is likely to cause death or bodily harm is an indictable offence punishable by up to five years imprisonment.
SECTION WORDING
247(1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not, (a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or (b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place.
EXPLANATION
Section 247(1) of the Criminal Code of Canada criminalizes the act of setting or placing a trap, device, or any other object that can cause death or bodily harm to a person. This section also penalizes the act of knowingly occupying or possessing a place where such a trap, device, or object is present and allowing it to remain there. The provision aims to protect individuals from being subjected to harm or death as a result of the intentional actions of others. It recognizes the gravity of such acts and imposes significant penalties on those found guilty of violating it. The section requires that the offender acted intentionally, with the specific intent to cause death or bodily harm to a person, whether ascertained or not. This means that it is not enough for an individual to have set a trap or object that can cause harm to others unintentionally or without the specific intent to cause harm. The section also requires that the trap, device, or object is likely to cause death or bodily harm to a person. The likelihood of causing harm is determined by examining the nature of the trap or object, and its location, among other factors. In conclusion, Section 247(1) of the Criminal Code of Canada aims to protect individuals from harm caused by the intentional actions of others. It serves as a warning to those who may consider setting traps or devices that can cause harm to others that such actions may result in severe penalties.
COMMENTARY
Section 247(1) of the Criminal Code of Canada deals with the offence of setting or placing a trap, device or other thing with the intention of causing death or bodily harm. This offence is a serious indictable offence, and anyone found guilty of it can face imprisonment for up to five years. The purpose of this section of the Criminal Code of Canada is to prevent people from intentionally setting traps or devices that could cause significant harm or even death to others. The section applies both to individuals who directly set traps or devices, as well as to those who knowingly permit such traps or devices to remain in a place that they occupy or possess. One of the key aspects of this offence is the requirement for intent. In other words, the person accused of the offence must have intended to cause death or bodily harm. This means that accidental harm caused by a trap or device, even if it is a serious injury, would not be covered by this section of the Criminal Code unless it can be proven that there was intent. The range of traps or devices that could be covered by this section is quite broad. Anything that could cause death or bodily harm, whether it is a physical object or an intangible force, could be covered by this section. The section is particularly important in cases where the trap or device is not visible or obvious, because in these cases, individuals may inadvertently be put at risk without even realizing it. One of the challenges with enforcing this offence is determining when a trap or device is "likely to cause death or bodily harm." This requires an assessment of the specific circumstances surrounding the trap or device, including the design, the intended targets, and the environment in which it is placed. This assessment can be complicated, as it may involve evaluating technical details or conducting forensic investigations. Overall, section 247(1) of the Criminal Code of Canada is an important provision because it helps protect people from intentional harm caused by traps or devices. However, enforcing this offence can be challenging, and it requires careful consideration of the specific circumstances surrounding each case. As with all criminal offences, a fair and equitable approach to enforcement is essential to ensuring that justice is served.
STRATEGY
Section 247(1) of the Criminal Code of Canada is a serious criminal offence that can result in imprisonment for up to five years. It deals with the intentional causing of death or bodily harm through the setting or placement of traps, devices, or other objects that can cause harm. The offence also includes those who knowingly permit such items to exist in their place of occupation or possession. This section of the Criminal Code requires strategic considerations to deal with it, and below are some strategies that could be employed. Preventing Accidents One of the strategies to prevent violation of Section 247(1) is to prevent accidents from happening by setting up warning signs, barriers, or restrictions that could prevent someone from coming into contact with the traps, devices, or other objects. These measures must be taken into careful consideration to avoid putting one's own employees, customers, or the general public at risk of injury. Documenting Safety Measures Documenting all the safety measures taken to prevent harm to individuals and the public is another effective strategy to defend against charges under Section 247(1). Accurate documentation of risk assessments, safety protocols, and precautions taken to mitigate the dangers of the traps, devices, or other objects will help establish a defense if a charge is brought. Training Employees Training employees on the proper handling and maintenance of the traps, devices, or other objects they use in their job will help prevent accidents from happening. When employees know how to handle these items, they will take necessary precautions to ensure safety, and this could prevent an employer from being charged with a violation of Section 247(1). Install Safeguards Installing safeguards around traps, devices, or other objects is one of the most effective strategies to prevent accidents. For example, fitting machinery with safety guards, installing fencing around traps, and using locking mechanisms to restrict access are good examples of safeguarding measures. Though installing safeguards can be expensive, the long-term benefits outweigh the costs. Develop Emergency Protocols Another key strategy to mitigate liability under Section 247(1) is to develop emergency protocols for accidents that may occur. It is advisable to develop clear and concise procedures to follow in case a person gets injured. This includes procedures for first response medical aid, reporting the incident to the authorities, and assigning a designated person(s) to take charge of the emergency until help arrives. Conclusion In conclusion, being aware and taking necessary measures can help minimize liability and prevent charges under Section 247(1) of the Criminal Code. These strategies - preventing accidents, documenting safety measures, training employees, installing safeguards, and developing emergency protocols - can all be employed to ensure the safety of individuals and the public. By following these strategies, one can also prevent themselves from being charged with a violation of this section of the Criminal Code of Canada.