INTRODUCTION AND BRIEF DESCRIPTION
Wearing a mask or disguising oneself with the intent to commit a crime is an indictable offense punishable by up to 10 years in prison.
SECTION WORDING
351(2) Every one who, with intent to commit an indictable offence, has his face masked or coloured or is otherwise disguised is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
EXPLANATION
Section 351(2) of the Criminal Code of Canada deals with the offence of disguising oneself with the intent to commit a crime. The section makes it a criminal offence for anyone to mask, colour or disguise their face in any way with the purpose of committing an indictable crime. An indictable offence is a serious criminal offence that carries a maximum sentence of more than two years in prison. The offence is considered a serious one as it involves premeditation and intent to commit a crime. The ability to identify a suspect is essential to successful investigation and prosecution of criminal activity. Disguising one's face, therefore, hinders the police and others from identifying the perpetrator of a crime. The offence covers all forms of disguises, including the use of masks, hoods, face paint, or any other form of disguise that is used to conceal the identity of a person. Importantly, the use of a disguise alone is not enough to secure a conviction under this section. There must also be intent to commit an indictable offence, meaning that the person must have a clear plan to carry out the crime, which they are seeking to disguise themselves for. The penalty for an offence under section 351(2) is imprisonment for a term not exceeding ten years. The severity of the penalty reflects the seriousness of the offence and the importance of maintaining public safety and order. In summary, section 351(2) of the Criminal Code of Canada is an important provision designed to deter individuals from disguising themselves with the intention of committing serious, indictable offences. The section plays a critical role in maintaining law and order in the society by making it harder for criminals to evade detection and prosecution.
COMMENTARY
Section 351(2) of the Criminal Code of Canada deals with the criminal offence of disguising oneself with the intent to commit an indictable offence. The section makes it clear that if an individual disguises their face with a mask, colour or any other means, they are committing a serious crime and if found guilty, they can be imprisoned for up to 10 years. The rationale behind making this a criminal offence is to deter individuals from undertaking criminal activities while under a veil of anonymity. Disguising oneself can be seen as an attempt to evade identification and avoid accountability for their actions. This provision is particularly important in cases where violence or other serious offences are committed, as the use of a disguise can make it difficult for law enforcement authorities to identify and prosecute the perpetrator. Section 351(2) of the Criminal Code of Canada reinforces the importance of transparency and accountability in criminal activities. In particular, it seeks to ensure that individuals who commit crimes cannot escape justice by hiding their identities behind masks, colours, or other forms of disguise. Moreover, it enhances public safety by making it more difficult for individuals to carry out criminal activities, knowing that they will be held accountable for their actions. However, some critics argue that Section 351(2) of the Criminal Code of Canada can be problematic when applied indiscriminately. For instance, it may impact individuals who choose to wear masks to conceal their identities while engaging in peaceful protests or other lawful activities. In such cases, the use of masks or other forms of disguise may not necessarily imply criminal intent. Therefore, it is crucial that law enforcement authorities exercise discretion when enforcing this provision and only apply it in cases where there is clear evidence of criminal intent. Despite these concerns, Section 351(2) of the Criminal Code of Canada remains an essential provision in ensuring public safety and holding criminals accountable for their actions. It sends a clear message that individuals who engage in criminal activities cannot hide behind a mask or any other form of disguise. Moreover, it reminds us that transparency, accountability, and responsibility are essential principles that underpin the criminal justice system in Canada. In conclusion, Section 351(2) of the Criminal Code of Canada is a crucial provision that helps to maintain law and order in society. It reinforces the importance of transparency, accountability, and responsibility in all criminal activities. However, it is crucial for law enforcement authorities to use discretion when applying this provision, given the potential impact it may have on lawful activities where individuals choose to wear masks or other forms of disguise.
STRATEGY
Strategic considerations when dealing with Section 351(2) of the Criminal Code of Canada are important for both the prosecution and defense. This section criminalizes the act of disguising oneself with the intent to commit a serious crime, making it necessary to determine various factors that can influence the case's outcome, such as the accused's mental state and the evidence of intent. Here are some strategic considerations and tactics that could be employed in such cases: Prosecution 1. Proving intent: To secure a conviction, the prosecution must prove that the accused intended to commit a serious offense. This can be challenging to establish if the accused did not commit any crime or there is no evidence of an intent. Thus, gathering evidence of intent, such as a written plan or communication of the plan with others, is crucial to improving the chances of a conviction. 2. Corroborating evidence: To ensure the credibility of the case, the prosecution should gather supporting evidence, such as CCTV footage, eyewitness accounts, and other forensic evidence, to establish the accused's presence at the crime scene. 3. Expert testimony: Prosecutors could use expert witnesses to analyze and interpret the evidence presented in the case. These experts could include forensic experts, psychologists, and criminologists, who could provide insights into the accused's behavior, intentions, and motivation. Defense 1. Challenging intent: Defendants' legal team could challenge the prosecution's case by arguing that the accused did not have the intent to commit any serious offence. This defense could be supported by presenting evidence that indicates the accused's lack of motive, a possible misunderstanding or miscommunication. 2. Challenging credibility: Defense lawyers can also challenge the prosecution's case by challenging the reliability of the evidence presented. They can also argue that eyewitnesses may have misidentified the accused and seek to discredit the forensic evidence presented. 3. Negotiating a plea: In some cases, it might be in the defendant's best interest to plead guilty to a lesser charge, saving time and costs. Defense lawyers may negotiate with the prosecution and seek a plea bargain where the accused admits guilt to a lesser charge. Final Consideration In dealing with Section 351(2) of the Criminal Code of Canada, both prosecution and defense must understand the complexities and nuances involved in such cases. The prosecution must gather strong and credible evidence to prove all the elements of the offense beyond a reasonable doubt, while the defense must be able to challenge the case's credibility and present a compelling case of its own. Effective communication and negotiation between both parties can lead to a resolution that benefits all parties involved while guaranteeing that justice is served.