section 362(3)

INTRODUCTION AND BRIEF DESCRIPTION

Offences under paragraph (1)(b), (c) or (d) of section 362(3) of the Criminal Code of Canada can result in a maximum sentence of ten years imprisonment.

SECTION WORDING

362(3) Every one who commits an offence under paragraph (1)(b), (c) or (d) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

EXPLANATION

Section 362(3) of the Criminal Code of Canada deals with the offence of fraud. This section outlines that anyone who commits an offence under paragraph (1)(b), (c), or (d) is guilty of an indictable offence and can be jailed for up to ten years. These offences relate to three specific types of fraud: fraud over $5,000, fraud under $5,000, and related fraud offences. Fraud is a crime that involves deceiving someone in order to gain something of value or benefit. The victim is usually swindled out of money or property through a series of misleading actions or statements. Section 362 of the Criminal Code of Canada covers a range of fraudulent activities, from minor scams to major financial frauds, and imposes strict penalties on those who engage in such activities. The consequences of committing fraud can be severe. Apart from the possibility of going to jail, those convicted of fraud can also face fines, probation, community service, and other punishments. The Criminal Code of Canada takes fraud seriously because it undermines the integrity of the financial system and can have serious consequences for victims, who may be left in financial ruin and feel betrayed by those they trusted. Overall, the purpose of Section 362(3) of the Criminal Code of Canada is to deter fraud and to impose strict penalties on those who engage in fraudulent activities. It serves as a warning to potential fraudsters that their actions will not be tolerated and that they will be prosecuted to the fullest extent of the law.

COMMENTARY

Section 362(3) of the Criminal Code of Canada sets out the penalties for those who commit certain types of mischief. Mischief is a broad term that encompasses a range of criminal behaviours that involve damaging or destroying property. The section applies specifically to offences committed under paragraphs (1)(b), (c) or (d) of the same section. Paragraph (1)(b) deals with mischief committed with the intent to obstruct, interrupt or interfere with the lawful use, enjoyment or operation of property. This can include actions such as blocking entrances to buildings or breaking equipment to prevent its use. Paragraph (1)(c) addresses mischief that poses a danger to life, which includes acts such as tampering with safety equipment or causing fires. Finally, paragraph (1)(d) deals with mischief that causes actual harm to property, including damage resulting from fires or vandalism. The punishment for committing such mischief is an indictable offence, which means it is a serious crime that can carry significant prison time. Specifically, those found guilty under section 362(3) face imprisonment for a term not exceeding ten years. The severity of the punishment under section 362(3) reflects the seriousness of the conduct it addresses. Mischief that falls under paragraphs (1)(b), (c) or (d) can be highly disruptive and destructive to individuals, businesses and institutions alike. In some cases, such behaviour can even pose a threat to the safety and well-being of others, as set out in paragraph (1)(c). The punishment under section 362(3) is intended to be a deterrent against such actions, as well as to express society's condemnation of it. However, it is important to note that not all mischief falls under this section of the Criminal Code. Some cases of mischief may be less severe, and accordingly, may result in less severe penalties. For example, mischief that involves defacing public property or spray painting graffiti on buildings may not necessarily pose a threat to life or impede the lawful use of property. In such cases, the penalties may be less severe, depending on the circumstances. Overall, section 362(3) of the Criminal Code of Canada serves an important function by providing a clear and strict penalty for certain types of mischief. It represents a legislative effort to address and deter behaviour that can cause damage, disruption and danger. By doing so, it helps to promote public safety and protect the rights of individuals and organizations to use, enjoy and operate their property lawfully.

STRATEGY

Section 362(3) of the Criminal Code of Canada deals with the offence of forgery. In particular, the section highlights that anyone who commits an offence under paragraphs (1)(b), (c) or (d) of the section is guilty of an indictable offence and could face imprisonment for a term not exceeding ten years. Given the severity of the potential consequences for this offence, it is essential to consider certain strategic options when dealing with this section of the Criminal Code of Canada. One possible strategy is to deny any involvement in the offence altogether. If a person is falsely accused of the offence, they may want to deny being involved in any forgery-related activity and argue that they had no knowledge of the alleged crime. Arguing that they lacked the necessary intent to commit the offence is another potential option for mounting a defence. Essentially, this strategy seeks to argue that the accused lacked the intention to commit the offence, and therefore should not be held liable for the crime. Another potential strategy is to negotiate a plea agreement with the Crown prosecutor. This could involve the accused person agreeing to plead guilty to a lesser offence, in exchange for a reduced sentence. This strategy may be more appropriate in cases where the evidence against the accused person is strong and they are at risk of facing the maximum penalty under the law. The plea agreement would help reduce the risk of a lengthy prison sentence and other severe consequences. A third possible strategy is to challenge the evidence that the crown has against the accused person. This may include questioning the authenticity of the documents or questioning the credibility of the witnesses who provided the evidence. In some cases, it may be possible to argue that the accused person's actions were not intentionally fraudulent, but rather the result of a mistake, poor judgment, or lack of understanding. In conclusion, dealing with section 362(3) of the Criminal Code of Canada requires a careful consideration of the legal and factual aspects of the charge. Various strategic options are available to those facing charges under this section of the Criminal Code, including denying involvement in the offence or negotiating a plea agreement. Ultimately, it is important to seek the advice of a criminal defense lawyer when dealing with these serious criminal charges to ensure that all potential strategic options are considered and pursued.