INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the penalties for committing aggravated sexual assault, with harsher sentences for the use of a firearm or if the victim is under 16 years old.
SECTION WORDING
273(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable (a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of (i) in the case of a first offence, five years, and (ii) in the case of a second or subsequent offence, seven years; (a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and (a.2) if the complainant is under the age of 16 years, to imprisonment for life and to a minimum punishment of imprisonment for a term of five years; and (b) in any other case, to imprisonment for life.
EXPLANATION
Section 273(2) of the Criminal Code of Canada deals with aggravated sexual assault, which is a serious criminal offence that carries severe penalties. Anyone found guilty of this offence is deemed to have committed a crime that is both violent and sexually motivated. The section prescribes specific punishments for different categories of aggravated sexual assault, depending on the circumstances surrounding the offence. According to subsection (a) of the section, if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, the offender is liable to imprisonment for life and a minimum term of either five or seven years, depending on whether it is their first or subsequent sexual offence. Subsection (a.1) provides that in every other case where a firearm is used in the commission of the offence, the offender is also liable to imprisonment for life and a minimum term of four years. Additionally, if the victim is under the age of 16, the offender will be liable for a minimum of five years' imprisonment, while a maximum sentence of life imprisonment applies in all other cases not covered by the other subsections. The purpose of these severe penalties is to show that such crimes are unacceptable in Canadian society and to deter future incidences of such violent and heinous acts. In addition to punishment, these provisions ensure that offenders are held accountable for their actions, and the severity of the punishment is intended to discourage people from committing similar crimes, given the weighty consequences that could follow.
COMMENTARY
Section 273(2) of the Canadian Criminal Code is one of the most severe provisions within the legal framework, as it addresses aggravated sexual assault. Sexual assault, in itself, is a heinous crime that can cause long-lasting physical and psychological harm to the victim. However, aggravated sexual assault takes the crime to a more severe level. It involves the use of a weapon or causing bodily harm, maiming or disfiguring, or endangering the life of the victim. Under Section 273(2), the use of a firearm in the commission of aggravated sexual assault leads to severe punishment - life imprisonment with a minimum sentence of four to seven years, depending on the circumstance. If the offence is committed for the benefit of, at the direction of, or in association with a criminal organization, the minimum punishment is even higher. This provision reflects the general public's outrage at the use of firearms in violent crimes, including sexual violence. The use of a firearm in an aggravated sexual assault carries a more significant potential for danger to the victim and society at large, hence the need for stricter punishment. While some might argue that life imprisonment might be too harsh, the severity of sexual assault and the use of a firearm to commit such a crime makes such a punishment quite reasonable. The minimum sentence will also deter potential offenders from using firearms to commit sexual crimes. Another critical aspect of this provision is the minimum punishment for cases involving victims under 16 years of age. The Canadian Criminal Code recognizes that such victims are vulnerable and need protection. Thus, punishing offenders with life imprisonment and a minimum of five years in prison serves to protect children from harm from predators. The Canadian government's efforts to protect its citizens from sexual assault are evident in the strict laws governing sexual violence. The implementation of this provision of the Criminal Code demonstrates the government's commitment to ensuring that all citizens are safe from sexual predators. In conclusion, Section 273(2) of the Criminal Code of Canada aims to reduce the incidences of aggravated sexual assault in the country. The punishment is severe and justifiable considering the harms and risks involved in the crime. By deterring potential offenders and locking up existing criminals, the provision aims to protect all Canadians from sexual violence with firearms.
STRATEGY
When dealing with section 273(2) of the Criminal Code of Canada, the most important strategic consideration is to ensure that the defendant's rights are protected while also ensuring that justice is served. In order to do this, a number of strategies could be employed. One strategy might be to focus the defense on challenging the evidence against the defendant. This could involve questioning the reliability of witnesses, challenging the admissibility of certain evidence, or arguing that the prosecution has not met its burden of proof. By focusing on the evidence, the defense can avoid making arguments that might be perceived as insensitive to the victim. Another strategy might be to try to negotiate a plea deal with the prosecution. If the evidence against the defendant is strong, it may be in their best interest to accept a plea deal in order to avoid a longer prison sentence. For example, the defendant might accept a plea to a lesser charge in exchange for a reduced sentence. A third strategy could involve presenting evidence that can be used to mitigate the severity of the offense. For example, the defendant might present evidence that they were under the influence of drugs or alcohol at the time of the assault, or that they had a mental illness that impaired their judgment. This evidence could be used to argue that the defendant did not have the intent to commit an aggravated sexual assault. Finally, the defense might consider presenting evidence that can be used to challenge the aggravating factors present in the case. For example, the defendant might argue that they did not use a firearm or that they were not associated with a criminal organization. By challenging the aggravating factors, the defendant may be able to reduce their minimum sentence. In conclusion, dealing with section 273(2) of the Criminal Code of Canada requires a careful balancing of the defendant's rights and the need for justice. By employing a strategic defense, the defendant can ensure that their rights are protected while still potentially reducing their sentence or avoiding a conviction altogether.