Criminal Code of Canada - section 778 - Irregularities within section 777

section 778

INTRODUCTION AND BRIEF DESCRIPTION

This section clarifies that section 777 applies in cases where certain errors or omissions are present in an adjudication.

SECTION WORDING

778 Without restricting the generality of section 777, that section shall be deemed to apply where (a) the statement of the adjudication or of any other matter or thing is in the past tense instead of in the present tense; (b) the punishment imposed is less than the punishment that might by law have been imposed for the offence that appears by the evidence to have been committed; or (c) there has been an omission to negative circumstances, the existence of which would make the act complained of lawful, whether those circumstances are stated by way of exception or otherwise in the provision under which the offence is charged or are stated in another provision.

EXPLANATION

Section 777 of the Canadian Criminal Code lays out the required elements for a verdict or judgment. Section 778 is an addendum to that section and outlines three scenarios where the provisions of Section 777 apply. Firstly, it states that Section 777 should apply when the verdict or judgment is written in past tense instead of present tense. This means that if a statement is made in the past when it should have been made in the present, Section 777 will be deemed to apply. Secondly, Section 778 applies when the punishment given to a convicted offender is less than what the law allows for the specific crime committed. This ensures that the punishment is appropriate for the severity of the crime in question. Thirdly, Section 778 applies when there is an omission of certain circumstances that would render the act in question lawful. These circumstances may be exceptions outlined in the law or may be outlined in other provisions. Overall, Section 778 is an important component of the Criminal Code as it outlines specific situations where the provisions of Section 777 should apply. This ensures that verdicts and judgments are legally sound and appropriately reflect the severity of the crimes committed.

COMMENTARY

Section 778 of the Criminal Code of Canada is an important provision in the Canadian criminal justice system that helps to ensure fairness and accuracy in criminal proceedings. This section provides for situations in which there may have been errors or omissions in the criminal process, and seeks to remedy these errors in order to ensure that justice is served. One of the primary functions of section 778 is to ensure that statements made in the past tense are treated as if they were made in the present tense. This is an important safeguard against mistakes, as it ensures that the facts of a case are accurately represented. This provision is particularly important in cases where there is a potential for confusion or misunderstanding, as it helps to clarify the precise details of the crime that is being charged. In addition to the past tense provision, section 778 also provides for situations where the punishment imposed is less than what could have been legally imposed. This provision is designed to ensure that defendants receive a fair and just punishment, based on the severity of their crime. It also serves as a deterrent to future criminal behavior, as it sends a clear message that crimes will be punished to the full extent of the law. Finally, section 778 provides for situations where there may have been omissions in the criminal code that would otherwise have made a person's actions lawful. This provision is designed to protect individuals who may have acted in good faith, but who may have inadvertently violated a particular provision of the criminal code due to a lack of clarity or understanding. By ensuring that all relevant circumstances are considered, this provision helps to prevent unjust or unfair prosecutions. Taken together, these provisions demonstrate the importance of fairness and accuracy in the Canadian criminal justice system. By providing safeguards against errors and omissions, section 778 helps to ensure that justice is served fairly and consistently, and that individual rights are protected. This section is a key part of the Criminal Code of Canada and is essential for ensuring that the criminal justice system operates fairly and effectively.

STRATEGY

Section 778 of the Criminal Code of Canada is a provision that deals with errors in the adjudication of a criminal case. The provision states that Section 777 (which deals with the effect of irregularity in the form of the adjudication) will be applied when the statement of the adjudication or any other matter or thing is in the past tense instead of in the present tense, when the punishment imposed is less than the punishment that might have been imposed by law, or when there has been an omission to negative circumstances that would make the act lawful. In this essay, I will discuss the strategic considerations when dealing with this section of the Criminal Code of Canada and the strategies that could be employed. One of the strategic considerations when dealing with Section 778 of the Criminal Code of Canada is to assess the nature and scope of the error. This is important because the type of error will determine whether or not Section 777 will be applied. For instance, if the error is in the form of the statement of the adjudication being in the past tense instead of the present tense, then the court will apply Section 777. If the error is in the punishment imposed, the court will also apply Section 777. Therefore, it is important to determine the nature of the error before deciding on what strategy to use. Another strategic consideration is the impact of the error on the defendant's case. If the error is in the defendant's favor, then the defendant will want to use Section 778 to his/her advantage. For example, if the punishment imposed is less than what might have been imposed by law, then the defendant will want to argue that he/she should not have been punished at all. On the other hand, if the error is unfavorable to the defendant, then the defendant may want to avoid using Section 778 and instead focus on other strategies to strengthen his/her case. One strategy that could be employed when dealing with Section 778 of the Criminal Code of Canada is to raise the issue of the error during the appeal process. This is because an error in the adjudication of a criminal case can be grounds for appeal. If the defendant believes that the error has affected the outcome of the case, he/she can raise the issue on appeal and argue that the error should be corrected. The appeal court will then decide whether or not the error warrants a new trial or some other remedy. Another strategy that could be employed is to argue that the error is fatal to the prosecution's case. For example, if there has been an omission to negative circumstances that would make the act lawful, then the defendant could argue that the omission has rendered the charge invalid. This strategy would require the defendant to carefully analyze the relevant provisions of the Criminal Code and argue that the omission is significant enough to render the charge invalid. This strategy could result in the charge being dismissed. In conclusion, Section 778 of the Criminal Code of Canada is a provision that deals with errors in the adjudication of a criminal case. Strategic considerations when dealing with this section include assessing the nature and scope of the error and the impact of the error on the defendant's case. Strategies that could be employed include raising the issue on appeal and arguing that the error is fatal to the prosecution's case. Ultimately, the strategy employed will depend on the specific circumstances of the case and the defendant's objectives.