INTRODUCTION AND BRIEF DESCRIPTION
Offenders categorized as dangerous or long-term can appeal the decision on any legal or factual ground.
SECTION WORDING
759(1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.
EXPLANATION
Section 759(1) of the Criminal Code of Canada provides a provision for offenders who have been found to be a dangerous offender or a long-term offender to appeal to the court of appeal. Such an offender can appeal against any decision made against them under this Part on any ground of law or fact or mixed law and fact. The dangerous offender legislation in Part XXIV of the Criminal Code of Canada aims to protect society from individuals who have demonstrated persistent high risk of reoffending and have a history of committing serious personal injury offences. The dangerous offender designation is reserved for those individuals who pose a real and imminent threat to public safety and are deemed to have little or no chance of being rehabilitated. Similarly, the long-term offender designation is reserved for individuals who are deemed to pose a risk to society but can still be rehabilitated. In such cases, the offenders might feel that the legal proceedings were not conducted properly and they did not receive a fair trial. This provision gives such offenders an opportunity to seek legal redressal. Under this provision, they may appeal against any decision made against them on the basis of law or facts, or a combination of both. The court of appeal will then consider their case on its merits and make a fresh determination based on the arguments presented before it. Overall, section 759(1) plays an important role in ensuring that offenders who are labeled as dangerous or long-term have an opportunity to appeal against any perceived injustices in the legal proceedings leading to their designation. It is important to provide such individuals with a fair chance for a reevaluation of their status as it could significantly impact their future prospects.
COMMENTARY
Section 759(1) of the Criminal Code of Canada provides offenders who are found to be dangerous or long-term offenders with the right to appeal the decision made against them. This section is an integral part of the Canadian legal system as it ensures that offenders are provided with a fair trial, and the protection of their rights. A dangerous offender is an offender who has demonstrated a pattern of behaviour indicating a substantial risk of committing further violent offences. A long-term offender is an offender who has a high risk of reoffending but might not necessarily demonstrate violent behaviour. The designation of a dangerous or long-term offender is made by a court after careful consideration of all available evidence. The offender is given the opportunity to present their case, and the decision is made in the interest of public safety. The right of appeal in Section 759(1) is essential as it allows the offender to appeal the decision made by the court if they feel that there was an error of law, fact or mixed law and fact. This means that if there was a mistake made during the trial, or if some important evidence was overlooked, the offender can appeal the decision and ask for the case to be re-examined. The right of appeal also ensures that the offender's rights are protected. The Canadian Charter of Rights and Freedoms provides everyone in Canada with fundamental rights, including the right to a fair trial. The right of appeal ensures that offenders are not wrongly convicted and sentenced. If there is any doubt about the fairness of the trial, the offender can appeal the decision and have their case re-examined in a higher court. The right of appeal is also important for the victims of crime and the larger community. If a dangerous offender or long-term offender is released back into society, it could put others at risk. The right of appeal ensures that the decision made by the court is fair and just and takes into account the safety of the community. In conclusion, Section 759(1) of the Criminal Code of Canada provides offenders who are designated as dangerous or long-term offenders with the right to appeal the decision made against them. This section is critical in ensuring that offenders are provided with a fair trial and that their rights are protected. The right of appeal also discusses the safety of the community and ensures that the decision made by the court is fair and just. The Canadian legal system is anchored on the principles of fairness, justice, and protection of individual rights, and Section 759(1) underscores the importance of this in the administration of justice.
STRATEGY
Section 759(1) of the Criminal Code of Canada provides an appeal mechanism for offenders who have been found to be dangerous or long-term offenders. As such, it is an important section of the Criminal Code that requires careful consideration when dealing with it. In this essay, we will explore some of the strategic considerations and strategies that could be employed when dealing with section 759(1) of the Criminal Code of Canada. One of the first strategic considerations when dealing with section 759(1) is to understand the grounds of appeal. The section allows appeals on any ground of law or fact or mixed law and fact. This means that an offender can appeal a decision made under this part of the Criminal Code based on either a legal or a factual issue. As such, it is important to thoroughly review the decision made by the court before deciding to appeal. The review should be aimed at identifying any legal or factual issues that could form the basis of an appeal. Another important strategic consideration when dealing with section 759(1) is to consider the composition of the appeal court. The appeal court is the court of appeal and it is composed of judges who are more knowledgeable and experienced in criminal law than the trial court. This means that the appeal court is in a better position to review and assess the legal and factual issues that form the basis of the appeal. As such, it is important to carefully consider the arguments that will be presented before the appeal court in order to maximize the chances of success. One potential strategy that could be employed when dealing with section 759(1) is to focus the appeal on legal issues. The advantage of this strategy is that legal issues are more objective than factual issues. This means that legal issues are more likely to be accepted by the appeal court. As such, it is important to carefully review the decision made by the trial court to identify any legal issues on which to base the appeal. Another strategy that could be employed when dealing with section 759(1) is to focus the appeal on the credibility of witnesses. The advantage of this strategy is that the appeal court is in a better position to assess the credibility of witnesses than the trial court. This means that an appeal based on the credibility of witnesses is more likely to be successful. However, it is important to ensure that there is sufficient evidence to support the argument that the testimony of the witnesses was not credible. In conclusion, section 759(1) of the Criminal Code of Canada provides an important appeal mechanism for offenders who have been found to be dangerous or long-term offenders. Strategic considerations when dealing with this section include understanding the grounds of appeal, considering the composition of the appeal court, and focusing the appeal on legal issues and/or the credibility of witnesses. By employing these strategies, it is more likely that an appeal under section 759(1) will be successful.