section 463

INTRODUCTION AND BRIEF DESCRIPTION

This section explains the provisions for persons who attempt to commit or are accessories after the fact to the commission of offences with varying levels of punishments depending on the severity of the offence.

SECTION WORDING

463 Except where otherwise expressly provided by law, the following provisions apply in respect of persons who attempt to commit or are accessories after the fact to the commission of offences: (a) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years; (b) every one who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which, on conviction, an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable; (c) every one who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction; and (d) every one who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction (i) is guilty of an indictable offence and liable to imprisonment for a term not exceeding a term that is one-half of the longest term to which a person who is guilty of that offence is liable, or (ii) is guilty of an offence punishable on summary conviction.

EXPLANATION

Section 463 of the Criminal Code is concerned with the criminal liability of individuals who attempt to commit or assist in the commission of an offence. The section applies to a wide range of offences, from those that carry a maximum sentence of life imprisonment to those that are punishable by summary conviction. Under subsection (a), an individual who attempts to commit, or who is an accessory after the fact to, an indictable offence that carries a maximum sentence of life imprisonment is guilty of an indictable offence and liable to imprisonment for up to 14 years. This includes offences such as murder, aggravated sexual assault, and high-level drug trafficking. Subsection (b) applies to indictable offences that carry a maximum sentence of 14 years or less. In this case, an individual who attempts to commit, or who is an accessory after the fact to, such an offence is also guilty of an indictable offence. However, the maximum sentence that the individual can receive is one-half of the longest term to which a person who is guilty of the offence is liable. For example, an individual who assists in a robbery that carries a maximum sentence of 10 years could be sentenced to a maximum of 5 years. Subsection (c) applies to summary conviction offences. Anyone who attempts to commit, or who is an accessory after the fact to, an offence that is punishable by summary conviction is guilty of an offence punishable by summary conviction. Finally, subsection (d) applies to offences that can be prosecuted by indictment or punishable by summary conviction. In this case, individuals who attempt to commit or assist in the commission of such offences can be charged either with an indictable offence, with a maximum sentence of one-half of the longest term to which a person who is guilty of the offence is liable, or with an offence punishable by summary conviction. Overall, section 463 provides courts with a range of options when dealing with individuals who attempt to commit or assist in the commission of an offence, allowing them to tailor the punishment to fit the severity of the crime.

COMMENTARY

Section 463 of the Criminal Code of Canada outlines the various provisions that apply in respect of persons who attempt to commit or are accessory after the fact to the commission of offences. This section is important because it holds individuals responsible for their actions, even if they did not fully commit the crime or were only involved after the fact. Under this section, any person who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which an accused is liable to be sentenced to imprisonment for life is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. This provision applies to the most serious offences and ensures that potential offenders understand the consequences of their actions. Similarly, anyone who attempts to commit or is an accessory after the fact to the commission of an indictable offence for which an accused is liable to imprisonment for fourteen years or less is guilty of an indictable offence and liable to imprisonment for a term that is one-half of the longest term to which a person who is guilty of that offence is liable. This provision aims to discourage individuals from committing less serious indictable offences by imposing a significant penalty that is proportionate to the crime. In addition, anyone who attempts to commit or is an accessory after the fact to the commission of an offence punishable on summary conviction is guilty of an offence punishable on summary conviction. This provision applies to less serious crimes and ensures that individuals are held accountable for their actions, regardless of the severity of the offence. Finally, anyone who attempts to commit or is an accessory after the fact to the commission of an offence for which the offender may be prosecuted by indictment or for which he is punishable on summary conviction is guilty either of an indictable offence or an offence punishable on summary conviction. This provision ensures that individuals who are involved in criminal activity, regardless of the level of the offence, are held accountable for their actions. Overall, Section 463 of the Criminal Code of Canada is important because it sets out the consequences for individuals who attempt to commit or are accessory after the fact to the commission of offences. These provisions serve as a deterrent to potential offenders and ensure that individuals who engage in criminal activity are held accountable for their actions. By imposing significant penalties for criminal acts, the criminal justice system aims to protect society by discouraging individuals from engaging in criminal activity.

STRATEGY

When dealing with section 463 of the Criminal Code of Canada, there are several strategic considerations that one must keep in mind. The following are some of the most important: Understand the Different Categories of Offences One of the most important things to understand about section 463 is that it applies different provisions based on the seriousness of the offence in question. Offences can be classified as indictable or summary, and each type of offence carries different penalties upon conviction. Indictable offences are the more serious of the two and can carry much longer sentences, including life imprisonment. Summary conviction offences are generally less serious and can carry shorter sentences. Another important factor to consider is whether the offence in question is one that is subject to a mandatory minimum sentence. In recent years, the Canadian government has instituted several mandatory minimum sentences for a variety of offences. If an accused person is found guilty of an offence subject to a mandatory minimum sentence, they must be sentenced to that minimum unless the judge can find exceptional circumstances that would justify departing from the mandatory minimum. Plan Your Defence Strategy Once you understand the nature of the offence in question, you can begin to plan your defence strategy. Some potential strategies to consider include: 1. Challenge the Crown's Evidence: In order to convict someone of an offence, the Crown must present sufficient evidence to prove guilt beyond a reasonable doubt. If you can successfully challenge the evidence presented by the Crown, you may be able to avoid conviction. 2. Negotiate a Plea Deal: If the evidence against you is strong, you may want to consider negotiating a plea deal with the Crown. This would involve agreeing to plead guilty to a lesser charge in exchange for a more lenient sentence. 3. Argue for a Lesser Sentence: If you are convicted of an offence, you may be able to argue for a lesser sentence by highlighting mitigating factors, such as your lack of prior criminal convictions or your cooperation with the police. 4. Appeal Your Conviction or Sentence: If you believe that you have been wrongfully convicted or that your sentence is too harsh, you may be able to appeal your conviction or sentence to a higher court. Choose the Right Legal Representation Finally, it is important to choose the right legal representation when dealing with section 463. If you are facing charges for a serious offence, you will need an experienced criminal defence lawyer who can navigate the complexities of the Criminal Code and mount an effective defence. An experienced lawyer will be able to review the evidence against you, advise you on the strength of the Crown's case, and develop a strategy that is tailored to your specific circumstances. Additionally, a lawyer who is familiar with the local court system can help you understand the strengths and weaknesses of your case and provide you with the guidance and support you need to achieve the best possible outcome.