section 752

INTRODUCTION AND BRIEF DESCRIPTION

Section 752 of the Criminal Code of Canada defines serious personal injury offence as an indictable offense involving violence or conduct likely to endanger another persons life, for which the offender may be sentenced to imprisonment for ten years or more, or certain sexual offenses.

SECTION WORDING

752 In this Part, "serious personal injury offence" means (a) an indictable offence, other than high treason, treason, first degree murder or second degree murder, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage on another person, and for which the offender may be sentenced to imprisonment for ten years or more, or (b) an offence or attempt to commit an offence mentioned in section 271 (sexual assault), 272 (sexual assault with a weapon, threats to a third party or causing bodily harm) or 273 (aggravated sexual assault).

EXPLANATION

Section 752 of the Criminal Code of Canada is part of the section dealing with the supervision of offenders at the completion of their sentences. This section defines the term "serious personal injury offence" which is important in determining which offenders are subject to a long-term supervision order under the Code. Under this section, a "serious personal injury offence" is defined as an indictable offence which involves violence against another person, conduct that endangers or could endanger the life or safety of another person, or inflicts or could inflict severe psychological damage on another person. These offences are ones for which the offender could be sentenced to imprisonment for ten years or more. Additionally, an offence or attempt to commit an offence related to sexual assault, sexual assault with a weapon, threats to a third party, or aggravated sexual assault is also considered a "serious personal injury offence" under this section. These are all serious offences that have a significant impact on the victim. This definition is important because it determines whether an offender is subject to a long-term supervision order when they are released from custody. Such an order requires the offender to report regularly to a supervisor, comply with specific conditions, and may continue for up to 10 years or longer in some cases. It is a way to help manage the risk that these offenders may pose to the community after their release from custody. Overall, Section 752 of the Criminal Code of Canada provides an important definition that helps to protect the community from individuals who may pose a risk of causing serious harm to others.

COMMENTARY

Section 752 of the Criminal Code of Canada relates to the definition of the term "serious personal injury offence". This definition is significant in multiple ways, as it has implications for how the criminal justice system operates in Canada, as well as for how society views certain types of offences. First and foremost, the definition serves as a guide for the police, prosecutors, and judges who handle cases involving serious personal injury offences. By having a clear and concise definition of what constitutes such an offence, these actors can better determine what charges to lay, what sentences to request, and what penalties to impose. This can ensure that crimes that are deemed particularly harmful to individuals are treated accordingly by the justice system. The definition of serious personal injury offences also highlights the gravity of certain types of crimes in the eyes of society. The fact that these offences involve violence, conduct that endangers or is likely to endanger someone's life or safety, or severe psychological harm signifies that such behaviour is unacceptable and goes against the values and norms of Canadian society. By defining these crimes as "serious personal injury offences", the law reinforces the message that these behaviours are not only illegal but deeply damaging as well. Furthermore, the classification of certain offences as "serious personal injury offences" has practical implications for offenders. As the definition notes, individuals convicted of these crimes may be sentenced to 10 years or more in prison. This can have significant consequences for their lives, including the loss of their freedom, reputation, and relationships. It may also serve as a deterrent to others who are considering committing such crimes. However, the definition of serious personal injury offences is not without its limitations or criticisms. One important limitation is that the definition only includes crimes that are indictable offences (with the exception of sexual assault-related offences). This means that some types of crimes, such as certain types of assaults or negligence causing bodily harm, may not be considered serious personal injury offences under the law. This could lead to inconsistency in how certain types of crimes are treated in the justice system. Additionally, some critics may argue that the definition is too vague or broad. For example, the use of the term "severe psychological damage" may be difficult to quantify and leaves room for interpretation. This could result in disparities in how mental harm is assessed and addressed in the context of the law. In conclusion, section 752 of the Criminal Code of Canada provides an important definition of what constitutes a serious personal injury offence. This definition serves as a guide for those involved in the justice system and reinforces the gravity of certain types of crimes in the eyes of society. However, the definition is not all-encompassing and may have certain limitations and criticisms. Ultimately, the law must continue to evolve and adapt to address the changing nature of crime and society's values.

STRATEGY

Section 752 of the Criminal Code of Canada defines the term serious personal injury offence" and outlines the criteria that must be met for an offence to be considered as such. This section is crucial for lawyers and legal professionals who deal with criminal cases in Canada. Understanding this section and developing effective strategies to deal with it can ensure a successful outcome for their clients. One of the primary strategic considerations when dealing with section 752 is to assess whether the charges against the accused meet the criteria laid out in the section. If the charges do not involve the use or attempted use of violence against another person, conduct endangering or likely to endanger the life or safety of another person, or inflicting or likely to inflict severe psychological damage on another person, then the accused cannot be charged under this section. Hence, it is critical to ensure that the charges meet these criteria before invoking the section. If the charges meet the criteria, the next strategy would be to evaluate whether there are any mitigating factors that could reduce the severity of the sentence. For example, the accused could have acted in self-defense or in defense of others, or been under duress or coercion. If such factors exist, they could be used to persuade the court to impose a less severe sentence. Another important strategic consideration is to ensure that all evidence related to the alleged offence is collected and preserved correctly. This includes physical evidence, witness statements, and forensic reports. Legal professionals should work with law enforcement officials to ensure that all evidence is admissible in court. If the evidence is found to have been tampered with or obtained illegally, it may be excluded from the trial. To effectively deal with section 752, it is also essential to understand the specific penalties that could be imposed upon conviction. If the accused is found guilty of a serious personal injury offence, they could face imprisonment for ten years or more. The lawyer should, therefore, identify any factors that could help mitigate the sentence or negotiate a plea bargain that could result in a lighter sentence. Another strategy that could be employed is to challenge the charges or the evidence presented by the prosecution. This could include questioning the admissibility of certain evidence, challenging the credibility of witnesses, or arguing that the charges do not meet the criteria specified in section 752. Such challenges can increase the likelihood of a favorable outcome for the accused. In conclusion, section 752 of the Criminal Code of Canada is a critical provision that legal professionals must understand when dealing with criminal cases. Effective strategies, such as assessing charges against the accused, evaluating mitigating factors, preserving evidence, and negotiating plea bargains, can help ensure a successful outcome for their clients. Legal professionals should always be on the lookout for new legal precedents and changes in the law that may affect their cases and consider applicable court decisions when developing their strategies.