section 247(4)

INTRODUCTION AND BRIEF DESCRIPTION

An individual who commits an offense causing bodily harm in a place used for committing another indictable offense is guilty and liable to imprisonment for up to 14 years.

SECTION WORDING

247(4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years.

EXPLANATION

Section 247(4) of the Criminal Code of Canada deals with the offence of forcible confinement causing bodily harm. This section deals with the situation where an individual commits the offence of forcible confinement and, in the process, causes bodily harm to the victim. To understand this section, it is first necessary to understand what constitutes forcible confinement. Forcible confinement occurs when an individual forcibly or fraudulently confines, imprisons, or forcibly seizes another person or intentionally causes that person to be confined, imprisoned, or forcibly seized against their will. This offence is serious and can result in imprisonment for up to ten years. However, if the offence of forcible confinement causing bodily harm is committed in a place kept or used for the purpose of committing another indictable offence, the penalties for the offence are increased significantly. In such cases, the offender is liable to imprisonment for up to fourteen years. In essence, section 247(4) is meant to increase the penalties for offences involving both forcible confinement and bodily harm when committed in certain locations. This is because these circumstances are viewed as more serious and deserving of greater punishments. Overall, section 247(4) serves as a deterrent to individuals who may be considering committing the offences of forcible confinement and causing bodily harm in certain locations. It also serves as a form of justice for victims, as it ensures that those who commit such egregious acts are held accountable and punished accordingly.

COMMENTARY

Section 247(4) of the Criminal Code of Canada addresses a specific scenario in which an individual commits an offense under subsection (1) in a place kept or used for the purpose of committing another indictable offense, and as a result, causes bodily harm to another person. The section is an important aspect of Canadian law as it aims to protect individuals from harm caused by individuals who engage in criminal activities, and sends a message that such acts will not be tolerated. The section is part of Canada's criminal law provisions, which seek to ensure that justice is served, and those guilty of criminal offenses are dealt with accordingly. The section is specifically intended to address situations where a person is harmed due to criminal activity being carried out in a specific place. The legislation was enacted in 1990 following concerns about the safety of individuals who frequented businesses or establishments used for unlawful activities, such as drug trafficking, prostitution, or gambling. One of the key aspects of the section is that the offense needs to be committed in a place that is kept or used for the purpose of committing another indictable offense. This requirement is important as it helps to ensure that the offense is specific to a particular place, and that it is linked to criminal activity that is taking place at that location. This could include situations where drugs are sold at a nightclub or prostitution is carried out in a brothel. Another important aspect of this section is that it targets those who engage in such activities with the intent to harm others. This could include situations where a person is hurt or injured because of the criminal activity taking place within the establishment. By making such actions an indictable offense, the Canadian criminal justice system sends a strong message that harm to individuals will not be taken lightly, and those who engage in such behavior will face significant consequences. Overall, Section 247(4) can be seen as an important aspect of Canadian criminal law as it seeks to protect individuals from harm caused by criminal activities, and holds those responsible for such actions accountable. While some may argue that the section is overly punitive, it is important to note that the intent of the law is to protect individuals and prevent individuals from being hurt or injured in the process of criminal activity. By sending a clear message that such actions will not be tolerated, the section can help to promote a safer and more just society.

STRATEGY

Section 247(4) of the Criminal Code of Canada deals with the offence of using violence or threats to obstruct a public officer in the execution of their duty. This section is particularly relevant in situations where law enforcement officials are seeking entry into a place where an indictable offence is suspected to have taken place, and the occupants of that place resist or obstruct the officer in question. Any actions taken in violation of this section can result in serious legal consequences, including imprisonment for up to 14 years. Therefore, it is essential that individuals and legal representatives understand the strategic considerations associated with this section, as well as the potential strategies that can be employed to mitigate any legal implications. One strategic consideration when dealing with section 247(4) of the Criminal Code is to determine whether there are viable defences available to the accused. While the offence is generally straightforward, meaning that the accused are typically not able to deny that they obstructed the execution of a public officer's duty, there may be circumstances where a legal defence can be successful. For example, if the accused can demonstrate that the public officer was not acting lawfully or did not have the legal authority to enter the suspect's premises, then their actions may have been justified. Additionally, if the accused can prove that they did not intend to cause bodily harm to the public officer, then the penalties for the offence may be reduced. Another strategic consideration is to determine the extent to which the accused's actions satisfy the requirements of the offence. Specifically, the accused must not only obstruct the public officer in the execution of their duty but must also cause bodily harm. If bodily harm was not caused, then the offence may be downgraded to a lesser charge, which could result in a more lenient sentence. If the accused's actions only resulted in minor injuries or did not involve any physical contact with the public officer, then the accused's legal representative might be able to argue that there was no physical harm caused, which could limit the amount of time the accused would spend in jail. Another consideration is to communicate openly with the prosecutor, seeking a plea deal that can mitigate the impact of the legal proceedings. Pleading guilty to a lesser offence may be the only viable option for the accused, as section 247(4) carries significant legal consequences. However, this decision should only be made after a thorough review of all the evidence and an understanding of the potential legal implications of the plea. In conclusion, those charged with an offence under section 247(4) of the Criminal Code of Canada should carefully consider their options before deciding how to proceed. It may be worth exploring possible defences or negotiating a plea deal with the prosecutor strategically. Additionally, engaging an experienced criminal defence lawyer can be helpful in determining if there are any strategic considerations, and what the best options are to respond to allegations.