INTRODUCTION AND BRIEF DESCRIPTION
An offense under subsection 1 is punishable by imprisonment for not more than 5 years or a fine not exceeding $10,000 or imprisonment for not more than 18 months or both.
SECTION WORDING
445(2) Every one who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to a fine not exceeding ten thousand dollars or to imprisonment for a term of not more than eighteen months or to both.
EXPLANATION
Section 445(2) of the Criminal Code of Canada outlines the punishment for offenses related to cruelty to animals. Subsection (1) of this section prohibits causing unnecessary suffering to an animal or willfully neglecting to provide it with adequate food, water, or shelter. If a person is found guilty of committing an offense under the provisions of subsection (1), they will be guilty of an indictable offense. This means that if the case proceeds by way of indictment, the individual may face a prison sentence of up to five years. Alternatively, the offense may be punishable on summary conviction, in which case the individual may be required to pay a fine of up to ten thousand dollars or face imprisonment for a maximum of 18 months, or both. This section of the criminal law serves as an important deterrent against animal cruelty and neglect. The punishment for such offenses is designed to be severe enough to discourage people from mistreating animals and to ensure that those who do perpetrate such acts are held accountable for their actions. In recent years, there has been a growing awareness of animal rights and the need to protect vulnerable animals from abuse and cruelty. The provisions of section 445(2) of the Criminal Code of Canada reflect this changing attitude and provide a means for punishing those who engage in animal cruelty or neglect. By doing so, this section helps to ensure that animals are treated with the respect and care they deserve.
COMMENTARY
Section 445(2) of the Criminal Code of Canada pertains to offenses related to mischief, specifically committing mischief in relation to property that belongs to another person. Mischief is an act that involves intentionally damaging or destroying someone else's property, interfering with the lawful use or enjoyment of someone else's property or rendering it useless. This offense is considered a form of property crime and is taken seriously by the Canadian justice system. The severity of this offense is evident from the penalties mentioned in the section, which are quite severe. The two options for punishment are either an indictable offense with a maximum prison term of five years or an offense punishable on summary conviction with a maximum fine of ten thousand dollars and/or incarceration for up to eighteen months. The gravity of the punishment reflects the seriousness of the harm caused by committing such offenses. The rationale for such punitive measures is to deter individuals from engaging in these kinds of acts and to ensure that the offenders are held accountable for their actions. It also allows the victims to seek justice and compensation for any damages they may have suffered as a result of the offense. Thus, it is essential to hold individuals accountable for their actions to deter future offenders and help victims attain the justice they deserve. Furthermore, the punishment specified in section 445(2) fits the crime and reflects the principle of proportionality. The severity of the punishment depends on the severity of the offense, which takes into account the extent of property damage, impact on the victim, and the degree of intent or recklessness involved. This principle ensures that the punishment fits the crime, and the offender is held accountable accordingly. It is worth noting that the prosecution of such offenses can be tricky since the offender's intent must be established, and the victim must prove the extent of the damage caused. However, this should not deter victims from seeking legal recourse, as the Canadian justice system provides safeguards to ensure that offenders are held accountable for their actions. In conclusion, section 445(2) of the Criminal Code of Canada demonstrates the seriousness of committing mischief with regards to damaging or destroying someone else's property. The penalties mentioned in the section reflect the gravity and nature of the offense, making it clear that such actions are not acceptable in society. The principle of proportionality is evident in the punitive measures, and this serves to uphold the integrity of the Canadian justice system. The section provides necessary legal recourse to victims, and it is essential to ensure that offenders are held accountable for their actions to deter future offenders and to provide justice to victims.
STRATEGY
Section 445(2) of the Criminal Code of Canada penalizes the offence of animal cruelty. It provides the punishment for people who willfully harm or wound an animal or who cause, or attempt to cause, unnecessary pain, suffering, or injury to an animal. The penalty for the offence is severe, and as such, strategic considerations are vital when dealing with this section of the Criminal Code of Canada. One of the first considerations is to ensure that the evidence gathered is sufficient. The prosecution has to provide evidence beyond a reasonable doubt that the accused committed the offence of animal cruelty. The evidence has to show that the accused acted intentionally or recklessly and that the accused's actions caused unnecessary pain, suffering, or injury to an animal. The evidence could be in the form of eyewitness accounts, photographs or videos, veterinary reports, or expert testimony. Therefore, it is essential to focus on gathering strong evidence that can satisfy the standard of proof beyond a reasonable doubt. Another strategy that could be employed is to use the media to raise awareness about animal cruelty. Public opinion can have a significant impact on the outcome of the case. In recent times, there has been an increased public awareness regarding animal welfare issues, and this has led to greater public outrage towards acts of animal cruelty. Therefore, it is crucial to use the media to highlight the case and generate public interest. This could result in pressure on the accused and the prosecution to ensure that justice is served. A plea bargain could also be another strategy when dealing with this section of the Criminal Code of Canada. A plea bargain is a negotiation between the defence and prosecution where the defence agrees to plead guilty to a lesser charge, and in exchange, the prosecution drops more severe charges. In cases of animal cruelty, the accused might be willing to plead guilty to a lesser offence, such as a regulatory offence. This reduces the likelihood of a lengthy and expensive trial, and it could result in a less severe penalty for the accused. Finally, it is essential to engage a qualified and experienced criminal defence lawyer. An experienced lawyer can help strategize the defence and ensure that the accused's rights are protected. The lawyer can also negotiate with the prosecution to ensure that the accused is not unfairly penalized. Additionally, the lawyer can use their knowledge of the law and the court system to identify weaknesses in the case that could be used to the accused's advantage. In conclusion, Section 445(2) of the Criminal Code of Canada is a severe offence that attracts severe penalties. Therefore, it is critical to employ strategic considerations when dealing with this section of the Criminal Code of Canada. Some of the strategies that could be employed include gathering sufficient evidence, using the media to raise awareness, plea bargaining and engaging a qualified and experienced criminal defence lawyer. With these strategies, the accused can have a better chance of a favourable outcome.