section 247(3)

INTRODUCTION AND BRIEF DESCRIPTION

Committing an offense in a place meant for another indictable offense is an indictable offense punishable by up to 10 years in prison.

SECTION WORDING

247(3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years.

EXPLANATION

Section 247(3) of the Criminal Code of Canada pertains to the offence of robbery committed in association with other crimes. It essentially states that if an individual commits robbery in a place that is used for the purpose of committing another indictable offence, they are guilty of an indictable offence and can be punished with a prison term of up to ten years. This section is aimed at combating organized crime and criminals who use certain locations or venues for illegal activities. For example, a gang may use a particular house as a drug den or to store stolen goods. If a member of the gang commits a robbery in that same house, then they are liable to be charged under section 247(3). The seriousness of the punishment under this section reflects the gravity of the offence. Robbery in conjunction with other crimes is deemed more egregious as it highlights a further disregard for the law and public safety. The higher prison sentence is meant to deter individuals from engaging in such heinous acts and to demonstrate the government's commitment to safeguarding the public's interests. Overall, section 247(3) is an important provision in Canadian law enforcement as it serves to protect society from criminals who engage in illegal activities beyond robbery. It also reinforces the message that crime will not be tolerated, particularly in cases where it is premeditated and committed in conjunction with other illegal activities.

COMMENTARY

Section 247(3) of the Criminal Code of Canada is a provision that identifies a specific kind of offence called "unlawful confinement." According to the section, anyone who commits an offence under subsection (1) of the same section, in a location that is specifically used for committing another indictable offence, can be charged with an indictable offence that carries a maximum sentence of ten years in prison. The subsection (1) of the same section refers to the offence of "unlawful confinement," which occurs when a person unlawfully confines, imprisons, or forcibly seizes another person. All of these acts can lead to criminal charges, and depending on the circumstances can result in some serious consequences. Section 247(3) is divided into two elements, the first of which is that there has to be an underlying offence that's taking place in the specific location used by the offender. The section doesn't specify any particular type of indictable offence, but it's easy to imagine situations where an offender could use a specific location to commit acts such as extortion, drug trafficking, or human trafficking. The second element is that the offender has to commit a crime of unlawful confinement in that location. The conclusion here is that the offender is taking advantage of a specific location to carry out acts of unlawful confinement and in doing so try to avoid being caught. This situation can arise in situations where an offender has effectively trapped a victim or coerced them into confinement or imprisonment. An aggravated circumstance ensuing from this scenario could lead to extreme urgency and require the response of law enforcement officials quickly. The seriousness of an unlawful confinement charge cannot be overstated. If someone is holding another person against their will, then that in itself is a serious crime, let alone if the act is taking place in a location that has been set up specifically for committing another offence. Unlawful confinement is defined very broadly under Canadian law, and it includes acts of falsely imprisoning someone, leaving them in a place with no reasonable means of escape, using threats or force to keep them in one place, and more. In these situations, it's essential for law enforcement officials and authorities to move swiftly. In conclusion, Section 247(3) of the Criminal Code of Canada is a crucial provision that seeks to curb the incidence of unlawful confinement in situations where an offender is using a location dedicated to committing another indictable offence. The potential charge for this offence carries a prison sentence of up to ten years, highlighting the gravity of this crime. Therefore, it's incumbent on everyone to observe the law and ensure that their actions don't infringe on the freedom and wellbeing of others.

STRATEGY

Section 247(3) of the Criminal Code of Canada has significant implications for the way that individuals charged with offences under this section must approach their case. To effectively defend against a charge under this section, it is important for lawyers to consider a range of strategic considerations that can help to reduce the charges and/or mitigate the penalties that their clients face. One of the key strategic considerations when dealing with section 247(3) is to carefully review the evidence that the prosecution is relying on. In order to secure a conviction under this section, the prosecution must be able to prove that the individual charged committed an offence under subsection (1) in a place kept or used for the purpose of committing another indictable offence. As such, lawyers need to be able to carefully examine the details of the offence in question, as well as the specific location in which it took place. Another important strategic consideration is to explore the potential defenses that may be available to their clients. One possible defense could be that the accused did not know that the location where the crime was committed was being used for the purpose of committing another indictable offence. Alternatively, the accused may argue that they were coerced or forced into committing the offence, or that they were acting in self-defense. Another potential strategy that can be employed in cases involving section 247(3) is to negotiate with the prosecution for reduced charges or a plea bargain. By demonstrating a willingness to cooperate and work with the prosecution, accused individuals may be able to secure more lenient penalties than they otherwise would have faced. This strategy may be especially effective if the accused has already admitted to committing the offence and is willing to provide information about other criminal activity. Finally, it is important to engage the services of experienced criminal defense lawyers who are knowledgeable about section 247(3) and other relevant sections of the Criminal Code of Canada. By working closely with lawyers who are familiar with the nuances of this area of the law, accused individuals can develop comprehensive defense strategies that take into account all of the relevant factors in their case. In conclusion, section 247(3) of the Criminal Code of Canada is a complex section that requires careful attention and strategic consideration. By carefully examining the evidence, exploring potential defenses, negotiating with the prosecution, and engaging the services of experienced criminal defense lawyers, accused individuals can effectively defend themselves against charges under this section and work towards securing the best possible outcomes.