Criminal Code of Canada - section 368(1.1) - Punishment

section 368(1.1)

INTRODUCTION AND BRIEF DESCRIPTION

Section 368(1.1) outlines the penalties for committing an offence related to the theft, interception or damage of mail.

SECTION WORDING

368(1.1) Everyone who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 368(1.1) of the Criminal Code of Canada deals with the offence of robbery. Robbery is an act of theft that involves the use of violence or force, or the threat of violence or force, against a person in order to take their property. In this section, the punishment for robbery is outlined. If a person is convicted of robbery, they can be found guilty of an indictable offence and can be sentenced to a maximum of 10 years imprisonment. An indictable offence is a more serious crime, which means that the accused is entitled to a trial by jury. The trial may take place in front of a judge alone if both the accused and Crown agree that a jury is not necessary. Alternatively, a person can be found guilty of an offence punishable on summary conviction. This means that the offence is less serious and can be dealt with in a shorter, less formal court process. The maximum penalty for a summary conviction offence is six months in prison and/or a $5,000 fine. It is important to note that the sentence imposed for robbery will vary depending on a number of factors, such as the extent of violence used, the value of property stolen, and the offender's criminal record. Persons with a prior criminal record may receive a harsher sentence for a robbery conviction. Overall, Section 368(1.1) of the Criminal Code of Canada serves to ensure that perpetrators of robbery are punished appropriately, including those who commit more violent or serious crimes. This section is designed to maintain the safety and security of individuals and property in Canada by deterring potential offenders from engaging in criminal activity.

COMMENTARY

Section 368(1.1) of the Criminal Code of Canada deals with the offence of robbery. Robbery is a serious crime that involves the use of force or threats to take property from another person. It is considered one of the most serious property crimes in the criminal justice system. Section 368(1) establishes that robbery is an offence that carries a maximum penalty of life imprisonment. Section 368(1.1) provides further detail on the penalties that can be imposed for this offence. It outlines two possible scenarios for sentencing - an indictable offence that carries a maximum punishment of 10 years imprisonment or a less serious summary conviction that carries a maximum punishment of 2 years imprisonment. One of the primary factors in determining whether the charge is an indictable offence or a summary conviction is the severity of the offence committed. Robbery that involves the use of firearms, for example, is considered more severe and therefore carries a harsher punishment. The type of weapon used, the amount of force used, and whether the victim was injured are also factors that can impact the severity of the sentence. The maximum penalty of 10 years imprisonment for an indictable offence is a significant penalty and indicative of the seriousness of the crime. A sentence of this length would only be imposed in the most serious of cases. In contrast, a summary conviction carries a shorter sentence but can still have significant consequences, such as a criminal record. It is important to note that the provisions of section 368(1.1) are not mandatory. The court has the discretion to impose a sentence that is less than the maximum allowed under the law. There are several factors that the court will consider when determining an appropriate sentence, including the nature of the crime, the offender's criminal history, and any mitigating or aggravating factors. In addition to the criminal penalties, the offender may be required to pay restitution to the victim for any losses they suffered as a result of the crime. This can include the value of any property that was taken, as well as any physical or emotional harm that was caused. Overall, section 368(1.1) plays an important role in the criminal justice system by establishing the penalties for robbery and providing guidance to the courts on how to sentence offenders. By outlining the possible sentences for this offence, the law sends a clear message that robbery is a serious crime that will not be tolerated in Canadian society.

STRATEGY

Section 368(1.1) of the Criminal Code of Canada pertains to the offense of theft of a motor vehicle, or commonly referred to as car theft. This provision applies to anyone who unlawfully takes a motor vehicle without the owner's consent, or who has possession of a motor vehicle that they know was stolen. When dealing with this section of the Criminal Code, both the prosecution and defense lawyers need to be aware of the specific elements required to prove the offense beyond a reasonable doubt. This includes proving that the accused intentionally took or possessed the motor vehicle without the owner's consent and that they knew or should have known the vehicle was stolen. Strategic considerations for the prosecutor may include building a strong case with sufficient evidence, such as security camera footage or eyewitness testimony. The prosecutor may also use plea bargaining to negotiate a guilty plea from the accused in exchange for a reduced sentence. For the defense, strategic considerations may include investigating the circumstances surrounding the alleged theft, such as whether the accused had permission to use the vehicle or if there was a misunderstanding between the owner and accused. The defense lawyer may also challenge the prosecution's evidence or the admissibility of certain evidence in court. In addition, both sides may consider the potential consequences of a conviction under this section of the Criminal Code. A conviction for theft of a motor vehicle can result in significant penalties, including imprisonment for up to 10 years, fines, and a criminal record. The accused may also face repercussions such as difficulty obtaining future employment, restrictions on international travel, and damage to their reputation. Possible strategies that could be employed by the defense include arguing that the accused was not aware that the vehicle was stolen or did not intend to commit the offense. The defense could also seek to negotiate a plea bargain or alternative sentencing such as probation or community service. Ultimately, the outcome of a case under section 368(1.1) will depend on the strength of the prosecution's evidence and the effectiveness of the defense's arguments. Both sides need to carefully consider their strategy in order to achieve the desired result.