INTRODUCTION AND BRIEF DESCRIPTION
Causing bodily harm during an offence under subsection (1) is punishable by a maximum of 10 years imprisonment.
SECTION WORDING
247(2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
EXPLANATION
Section 247(2) of the Criminal Code of Canada outlines the penalties for individuals who commit an offence under subsection (1) of this section and thereby cause bodily harm to another person. Subsection (1) of this section criminalizes the intercepting of any private communication by means of an interception device, such as a wiretap, without the consent of all parties involved in the communication. The interception of private communication constitutes a serious invasion of privacy and can lead to the violation of fundamental rights and freedoms. Actions falling under this section can have severe consequences for the victim and society as a whole. If the offence under subsection (1) results in bodily harm, an individual is guilty of an indictable offence and could face a maximum prison term of ten years. Depending on the circumstances, other penalties may also apply. It is essential to note that only exceptions set out in the Criminal Code of Canada permit the interception of private communication, such as law enforcement investigations. As such, individuals must obtain the consent of all parties involved in a private communication before any interception takes place, except in cases permitted by law. Section 247(2) of the Criminal Code serves as a deterrent to individuals who may be contemplating the interception of private communication. The harsh penalties attached to the offence send a clear message that such actions will not be tolerated or condoned by the law. Overall, this section provides a strong statute aimed at protecting privacy and preserving fundamental human rights and freedoms.
COMMENTARY
Section 247(2) of the Criminal Code of Canada is a provision that imposes serious penalties on individuals who commit an offence under subsection (1) of the same section and cause bodily harm to another person. This section is designed to protect individuals against physical violence and harm, and to ensure that those who cause such harm are held culpable for their actions. Subsection (1) of this section outlines the offence of "using, carrying or threatening to use a weapon during the commission of an offence or in order to escape from a person whom he knows is peace officer." Essentially, this provision criminalizes the use of weapons or the threat of their use during the commission of an offence or as an attempt to escape from an apprehending peace officer. This offence carries a maximum sentence of life imprisonment. The gravity of the offence is amplified when the use of weapons results in bodily harm to another person, which leads to the application of subsection (2). The penalties for committing an offence under subsection (1) and causing bodily harm to another person include imprisonment for a maximum term of ten years. This section of the Criminal Code of Canada is critical in protecting Canadians from violent crimes committed using weapons. It serves as a deterrent to those who may attempt to use or threaten to use a weapon during the commission of an offence, knowing that by causing bodily harm, they may face more severe legal consequences. The provision's importance is further emphasized by the rise in weapon-related offences in Canada. According to Statistics Canada, between 2014 and 2018, there were over 70,000 victims of violent crimes involving firearms, knives or other objects used as weapons. This worrying trend underscores the need for strict legal measures to deter individuals from using weapons during the commission of an offence. It is also essential to note that the provision's penalties are severe, as they can lead to deprivation of liberty for an extended period. The courts recognize that the use of weapons during the commission of offences can have severe consequences and have, therefore, adopted a tough stance against such behaviour. In conclusion, section 247(2) of the Criminal Code of Canada is a necessary provision in the fight against weapon-related offences. It serves as a warning to those who may consider using weapons or threatening their use during the commission of an offence. Not only does it criminalize such behaviour, but it also imposes harsh penalties on those who cause bodily harm to others, ensuring that they are held accountable for their actions. As such, it is an essential tool in maintaining public safety and order.
STRATEGY
Section 247(2) of the Criminal Code of Canada deals with the offence of trapping with intent to cause bodily harm, and the consequences thereof. This represents a serious criminal offence, and anyone charged under this section of the Criminal Code must take a number of strategic considerations into account. Firstly, it is important to understand the legal definition of the offence, and to ensure that there is sufficient evidence to support the charge. In order to be found guilty under section 247(2), the accused must have intentionally set a trap or snare that caused bodily harm to another person. This requires proof that the accused had the specific intent to injure or harm another person, and that this intent was carried out through the use of a trap or snare. If it can be shown that the accused did not have the necessary intent to commit the offence, or that the evidence linking them to the trap or snare is insufficient, then there may be grounds for a successful defence. This could involve challenges to the admissibility of evidence, or arguments that the prosecution has not met the burden of proof required to secure a conviction. Alternatively, if the evidence against the accused is strong, there may be strategic considerations around plea bargaining or seeking a reduced sentence. This could involve cooperating with the prosecution in exchange for a lesser charge or sentence, or seeking a plea deal that would limit the amount of jail time served. Another strategic consideration for defendants in trapping cases is the potential impact on their reputation and future career prospects. A conviction under section 247(2) could result in a criminal record and a damaged reputation that could make it difficult to find employment or housing in the future. In cases where the evidence against the accused is weak, it may be appropriate to seek a not-guilty verdict in order to protect their reputation and avoid the long-term consequences of a criminal record. Ultimately, the strategic considerations for defendants in trapping cases will depend on a range of factors, including the strength of the evidence against them, their personal circumstances, and their long-term goals and priorities. Legal representation is essential to ensure that all of these factors are taken into account and that the best possible outcome is achieved in each individual case.