INTRODUCTION AND BRIEF DESCRIPTION
This section states the maximum punishments for summary conviction offences.
SECTION WORDING
787(1) Unless otherwise provided by law, everyone who is convicted of an offence punishable on summary conviction is liable to a fine of not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both.
EXPLANATION
Section 787(1) of the Criminal Code of Canada outlines the penalties for summary conviction offences in the country. A summary conviction offence refers to a less serious criminal offence that carries a maximum penalty of six months in jail and a $5,000 fine. This section serves to mandate the punishment for those who have been convicted of summary conviction offences. It specifies that, unless otherwise provided by law, an individual convicted of a summary conviction offence is subject to a fine of up to $5,000, imprisonment of six months or less, or both. It is important to note that while this section outlines the maximum penalties for summary conviction offences, the actual sentence imposed will depend on the specific circumstances of each case. The severity of the offence and the individual's criminal history, for example, may influence the sentence that a judge ultimately imposes. It is also worth noting that some summary conviction offences may have special penalties that are outlined elsewhere in the Criminal Code of Canada. For example, certain offences may trigger mandatory minimum sentences or be subject to fines that exceed the $5,000 maximum outlined in section 787(1). In summary, section 787(1) of the Criminal Code of Canada is a crucial provision that outlines the maximum penalties for less serious criminal offences. It serves as a guideline for judges when determining the appropriate punishment for summary conviction offences and ensures that individuals who break the law are held accountable for their actions.
COMMENTARY
Section 787(1) of the Criminal Code of Canada outlines the punishment that can be given to individuals upon conviction of an offence that is punishable on summary conviction. Generally, summary conviction offences are less severe offences that do not carry a maximum sentence of more than two years in prison. The section states that individuals convicted of such an offence can face a fine of up to $5,000, imprisonment for up to six months, or both. This means that the punishment can either be monetary or a period of time spent in jail, or a combination of both. The purpose of summary conviction offenses is to provide a way to address less severe crimes in a quicker, more streamlined process than may be required for more serious criminal offences. These types of offences may include minor traffic violations, trespassing, or disorderly conduct, among others. Typically, summary conviction offences are prosecuted in provincial or territorial courts, and the penalties for them are generally limited. The section also provides that unless otherwise provided by law, the punishment set out in it applies. This means that in certain instances, specific offenses may have their own specific punishments outlined in the law, which would supersede this section. For example, a specific provincial law may outline that the punishment for a particular summary conviction offence is only a fine of $500, rather than the $5,000 maximum outlined in this section. Overall, the purpose of section 787(1) is to provide guidance on the punishment that may be imposed for summary conviction offences. The punishment is intended to be proportionate to the severity of the offense, and to deter future criminal behaviour while also being reasonable in terms of the resources required to prosecute the offence. It is important to note that this section is not applicable to indictable offenses, which are more serious criminal offences that carry a maximum sentence of life in prison. Indictable offenses are typically prosecuted in superior courts and carry much more severe penalties. In conclusion, section 787(1) of the Criminal Code of Canada outlines the punishment that can be given to individuals upon conviction of an offence that is punishable on summary conviction. It provides guidance on the maximum penalties that can be imposed for minor crimes, and ensures that the punishment is both proportionate and reasonable. It is an important part of the Canadian criminal justice system, as it provides a mechanism for dealing with less severe crimes in an efficient and effective manner.
STRATEGY
Section 787(1) of the Criminal Code of Canada outlines the penalties that an individual may face if found guilty of an offence punishable on summary conviction. A summary conviction offence is a less serious offence that is heard before a judge without a jury. Examples of summary conviction offences include minor theft, mischief, and minor assault. When dealing with this section of the Criminal Code of Canada, there are several strategic considerations to take into account. These may include the circumstances of the offence, the potential consequences of a conviction, and the strength of the evidence against the accused. One strategy that may be employed is negotiating with the prosecution to have the charges reduced or dropped altogether. This may be possible if there are mitigating circumstances that can be presented to the Crown prosecutor. For example, if the accused is a first-time offender or if they have taken steps to make restitution, this may help to convince the Crown prosecutor to offer a plea bargain. Another strategy that may be employed is seeking a discharge. A discharge means that the accused has been found guilty of the offence, but no criminal conviction is entered against them. This can be beneficial in certain circumstances, such as when the accused needs to maintain a clean criminal record for employment or immigration purposes. If a discharge is not possible, another strategy may be to argue for a conditional sentence. A conditional sentence allows the accused to serve their sentence in the community under strict conditions, such as house arrest and community service. This can be a good option for individuals who have strong ties to their community and are unlikely to reoffend. Lastly, if the evidence against the accused is weak, a defense strategy may be to challenge the evidence or argue that the Crown prosecutor has not met their burden of proof. This may involve reviewing police reports, witness statements, and any physical evidence to identify weaknesses in the case against the accused. In conclusion, strategic considerations when dealing with section 787(1) of the Criminal Code of Canada will depend on the individual circumstances of the case. Some strategies that could be employed include negotiating with the prosecution, seeking a discharge or conditional sentence, or challenging the evidence presented by the Crown prosecutor. It is important to seek the advice of an experienced criminal defense lawyer to ensure the best possible outcome for the accused.