Smuggling of Criminal Evidence

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 9.98 MB

Downloadable formats: PDF

Yong CJ went on to hold that even if his allegation was true, and that the caution administered in fact amounted to an inducement, it was not shown that it had caused the making of the statement, i.e., even if the objective limb was satisfied, the subjective limb was not. S. and Mexican sides concerning the challenges that will arise during the design of curricula and training programs for implementing the new constitutional changes. Their symbols have become calling in the Forest their base they are theres a.

Pages: 0

Publisher: China Customs (September 1, 2013)

ISBN: 7801659864

A single other incident, apart from the offence charged, is sufficient to constitute tendency evidence: Regina v Aravena [2015] NSWCCA 228 esp at para [89]. In determining whether to admit the evidence under s. 98, the judge must evaluate the likelihood that the jury would be likely to assign the evidence significant probative value: see Regina v Zhang (2005) 158 A Crim R 504 esp at para [139] , e.g. http://zanderc.com/index.php/freebooks/primitive-and-ancient-legal-institutions. The attorneys/lawyers at the Colorado Springs law firm of Black & Graham focus solely  epub. Fairness of the trial Would admission of the evidence render the trial unfair? If yes. not statements or pointing out) in a manner that violated the character of the Charter will rarely operate unfairly for that reason alone. yet the policeman had a reasonable suspicion to infer that the woman was holding onto drugs pdf. However, not every disclosure can be subject of a Fifth Amendment assertion , source: http://truonggialinhgroup.com/freebooks/federal-rules-of-evidence-with-advisory-committee-notes-legislative-history-and-cases-2000. People that are considered to be a psychopath according to Philippe aren’t considered to be immoral but amoral which is someone who does not care about conventional interpretations of right or wrong and gives those issues no weigh in decision , cited: http://vegasallnight.com/lib/crime-scene-investigation-and-reconstruction-2-nd-edition. If you are looking for help, you have come to the right place http://classychiczfashionboutique.com/freebooks/strategic-use-of-scientific-evidence-trial-practice-library. The complainant testified that she visited and was sexually abused by the Defendant in his home more than five times in 2005. By contrast, the Defendant denied any sexual encounters and asserted that only two visits occurred. His parents – the complainant’s biological great-aunt and uncle – corroborated his version of the events and added that a “house rule” prohibited the children from going upstairs without adult supervision , source: http://vegasallnight.com/lib/famous-cases-of-circumstantial-evidence-with-an-introduction-on-the-theory-of-presumptive-proof. PP [1995] SGHC 240, certain police officers were charged with acting corruptly pdf. This provision does not prevent evidence being led of a child's refusal to take part in a line-up being admissible: A (a Child) (2000) 115 A Crim R 1 http://zanderc.com/index.php/freebooks/legalines-criminal-procedure-adaptable-to-eighth-edition-of-kamisar-casebook.

If the victim refuses to accept the decision, he may, within seven days after receiving the written decision, present a petition to the People's Procuratorate at the next higher level and request the latter to initiate a public prosecution. The People's Procuratorate shall notify the victim of its decision made after reexamination. If the People's Procuratorate upholds the decision not to initiate a prosecution, the victim may bring a lawsuit to a People's Court http://vegasallnight.com/lib/evidence-common-sense-and-common-law. Written by cops for cops, it is designed to address the needs of the agency, the rights of the employee, and the concerns of the public, and give law enforcement the policies and tools to properly investigate and document this high profile area.” Jerry Keller, President of the Major Cities’ Police Chiefs’ Association, can “think of no one else better qualified to write” about investigating officer-involved shootings and police-related deaths http://vegasallnight.com/lib/legalines-evidence-adaptable-to-ninth-edition-of-the-weinstein-casebook-legalines-series.
They are paid for their murders, i.e. hit men. The last and most dangerous are the terror-oriented mass killers. They want to send a message to someone by killing a person or group of people. Usually they have more than one location they hit when committing the crime, or simultaneous actions. Over the years there are cases for all of these categories epub. Here, in Truett’s case, the Court found no evidence of necessity to further an important public policy. There was no evidentiary hearing conducted on the matter, and an inconvenience, alone, to the witness is not enough to establish legal grounds for unavailability , cited: http://newtimelinecover.com/index.php/library/2014-2015-statutory-and-case-supplement-to-fishers-evidence-selected-statutes. Canadian Criminal law is concerned with acts or omissions deemed illegal by legislature. Criminal law offences range from crimes such as murder, assault, robbery and theft to driving with a blood alcohol level over the legal limit epub. The person may not be charged again for the same offense in a federal court. The Constitution prohibits “double jeopardy,” or being tried twice for the same offense ref.: http://vegasallnight.com/lib/smuggling-of-criminal-evidence. There must be reasonable notice in writing of the intention to call hearsay evidence under s. 65: s. 67 Evidence Act http://wp.208marketing.com/library/a-practical-treatise-on-the-settling-of-evidence-for-trials-at-nisi-prius. Contusions - injuries that cause a break in blood vessels but not the skin. Most commonly known as bruises and hemorrhages. Lacerations - torn jagged wounds that tend to have abraded edges and are different then sharp force injuries. Fractures that can occur to the skeletal system are: Focal Fractures: Small amount of force applied to a small area. Penetrating Fractures: Large amount of force applied to a concentrated area http://vegasallnight.com/lib/enviromental-regulation-law-science-and-policy-2002-case-supplement. These are things like speeding and parking violations http://zanderc.com/index.php/freebooks/defamation-trade-libel-and-disparagement-of-goods-and-services. Truth, Error, and Criminal Law—An Essay in Legal Epistemology. CrossRef Google Scholar Lewis, M. (2011). Controlling Abuse to Maintain Control: The Exclusionary Rule in China. 43 New York University Journal of International Law and Politics 629–695 http://ky-pottery.com/books/a-treatise-on-facts-or-the-weight-and-value-of-evidence.
What procedures can I take if I believe that DNA evidence found at a crime scene was accidently contaminated by police during the collection process? There are major aspects of a crime that must be satisfied in order for an individual to be convicted of a crime. If one of these aspects is missing, then a crime was not committed. The major aspects of a crime have been established in order to ensure that an individual who is being accused of a crime is actually guilty of the crime in question http://vegasallnight.com/lib/evidence-saver-criminal-evidence-in-context-volume-2. If you were arrested for a misdemeanor charge such as driving under the influence (DUI), possession of marijuana, possession of drug paraphernalia, domestic battery, petit theft or shoplifting after visiting the Tampa Bay area, then call us to discuss legal defenses that might apply to your case http://newtimelinecover.com/index.php/library/expert-privilege-in-civil-evidence. Notice can be either formal or informal, even oral notice can be sufficient. [3] The court has discretion to exempt a party from this rule. Mahoney 1986 ABCA 195, the accused refused to acknowledge his record at the sentencing hearing http://vegasallnight.com/lib/understanding-criminal-evidence-aspen-college. However, if during the investigation, information about witnesses reprehensible conduct is discovered, this should be disclosed because it goes to the credit of a witness and falls within the disclosure test http://ky-pottery.com/books/arbitration-and-oral-evidence-icc-publications. It should also be noted that a significant proportion of searches of this kind (perhaps a third) will be undertaken by "consent" of the occupier. These types of search arise in connection with other police operations (such as an arrest) or in an emergency ref.: http://vegasallnight.com/lib/evidence-a-contemporary-approach-2-nd-edition-interactive-casebook-interactive-casebook-series. As mentioned above. as the standard of proof in a criminal case is beyond reasonable doubt download. Criminal Law Articles Articles written by lawyers and expert witnesses worldwide explaining the different aspects of Criminal Law. ACQUITTAL: a judgment of a court, based either on the verdict of a jury or a judicial officer, that the defendant is not guilty of the epub. Abe, Chris and Dan told Bob everything that had happened. Bob said that Abe, Chris and Dan could spend the night in his room so that they wouldn't be found with the dead body http://vegasallnight.com/lib/challenges-to-fingerprints. The terms (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years and, if the amount of tobacco product is 10,000 cigarettes or more or 10 kg or more of any other tobacco product, or the amount of raw leaf tobacco is 10 kg or more, (i) in the case of a second offence, to a minimum punishment of imprisonment for a term of 90 days, (ii) in the case of a third offence, to a minimum punishment of imprisonment for a term of 180 days, and (iii) in the case of a fourth or subsequent offence, to a minimum punishment of imprisonment for a term of two years less a day; or (b) is guilty of an offence punishable on summary conviction and liable to imprisonment for a term of not more than six months. (5) For the purpose of determining whether a convicted person has committed a second or subsequent offence, an offence under this section for which the person was previously convicted is considered to be an earlier offence whether it was prosecuted by indictment or by way of summary conviction proceedings. 122 Every official who, in connection with the duties of his office, commits fraud or a breach of trust is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person. 123 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years who directly or indirectly gives, offers or agrees to give or offer to a municipal official or to anyone for the benefit of a municipal official — or, being a municipal official, directly or indirectly demands, accepts or offers or agrees to accept from any person for themselves or another person — a loan, reward, advantage or benefit of any kind as consideration for the official (a) to abstain from voting at a meeting of the municipal council or a committee of the council; (b) to vote in favour of or against a measure, motion or resolution; (c) to aid in procuring or preventing the adoption of a measure, motion or resolution; or (d) to perform or fail to perform an official act. (a) suppression of the truth, in the case of a person who is under a duty to disclose the truth; means a member of a municipal council or a person who holds an office under a municipal government. (a) purports to sell or agrees to sell an appointment to or a resignation from an office, or a consent to any such appointment or resignation, or receives or agrees to receive a reward or profit from the purported sale thereof, or (b) purports to purchase or gives a reward or profit for the purported purchase of any such appointment, resignation or consent, or agrees or promises to do so, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (a) receives, agrees to receive, gives or procures to be given, directly or indirectly, a reward, advantage or benefit of any kind as consideration for cooperation, assistance or exercise of influence to secure the appointment of any person to an office, (b) solicits, recommends or negotiates in any manner with respect to an appointment to or resignation from an office, in expectation of a direct or indirect reward, advantage or benefit, or (c) keeps without lawful authority, the proof of which lies on him, a place for transacting or negotiating any business relating to (i) the filling of vacancies in offices, (ii) the sale or purchase of offices, or (iii) appointments to or resignations from offices, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 126 (1) Every one who, without lawful excuse, contravenes an Act of Parliament by wilfully doing anything that it forbids or by wilfully omitting to do anything that it requires to be done is, unless a punishment is expressly provided by law, guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (2) Any proceedings in respect of a contravention of or conspiracy to contravene an Act mentioned in subsection (1), other than this Act, may be instituted at the instance of the Government of Canada and conducted by or on behalf of that Government. 127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) an offence punishable on summary conviction. (2) Where the order referred to in subsection (1) was made in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government, any proceedings in respect of a contravention of or conspiracy to contravene that order may be instituted and conducted in like manner. 128 Every peace officer or coroner who, being entrusted with the execution of a process, wilfully (a) misconducts himself in the execution of the process, or (b) makes a false return to the process, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer, (b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or (c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure, (d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (e) an offence punishable on summary conviction. (a) falsely represents himself to be a peace officer or a public officer; or (b) not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be. (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) is guilty of an offence punishable on summary conviction. 130.1 If a person is convicted of an offence under section 130, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the accused personated a peace officer or a public officer, as the case may be, for the purpose of facilitating the commission of another offence. 131 (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false., commits perjury who, with intent to mislead, makes a false statement knowing that it is false, whether or not the false statement was made under oath or solemn affirmation in accordance with subsection (1), so long as the false statement was made in accordance with any formalities required by the law of the place outside Canada in which the person is virtually present or heard. (2) Subsection (1) applies, whether or not a statement referred to in that subsection is made in a judicial proceeding. (3) Subsections (1) and (1.1) do not apply to a statement referred to in either of those subsections that is made by a person who is not specially permitted, authorized or required by law to make that statement. 132 Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. 133 No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused. 134 (1) Subject to subsection (2), every one who, not being specially permitted, authorized or required by law to make a statement under oath or solemn affirmation, makes such a statement, by affidavit, solemn declaration or deposition or orally before a person who is authorized by law to permit it to be made before him, knowing that the statement is false, is guilty of an offence punishable on summary conviction. (2) Subsection (1) does not apply to a statement referred to in that subsection that is made in the course of a criminal investigation. 136 (1) Every one who, being a witness in a judicial proceeding, gives evidence with respect to any matter of fact or knowledge and who subsequently, in a judicial proceeding, gives evidence that is contrary to his previous evidence is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years, whether or not the prior or later evidence or either is true, but no person shall be convicted under this section unless the court, judge or provincial court judge, as the case may be, is satisfied beyond a reasonable doubt that the accused, in giving evidence in either of the judicial proceedings, intended to mislead. (3) No proceedings shall be instituted under this section without the consent of the Attorney General. 137 Every one who, with intent to mislead, fabricates anything with intent that it shall be used as evidence in a judicial proceeding, existing or proposed, by any means other than perjury or incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. (a) signs a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared before him when the writing was not so sworn or declared or when he knows that he has no authority to administer the oath or declaration, (b) uses or offers for use any writing purporting to be an affidavit or statutory declaration that he knows was not sworn or declared, as the case may be, by the affiant or declarant or before a person authorized in that behalf, or (c) signs as affiant or declarant a writing that purports to be an affidavit or statutory declaration and to have been sworn or declared by him, as the case may be, when the writing was not so sworn or declared, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. 139 (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding, (a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or (b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody, (c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or (d) an offence punishable on summary conviction. (2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. (3) Without restricting the generality of subsection (2), every one shall be deemed wilfully to attempt to obstruct, pervert or defeat the course of justice who in a judicial proceeding, existing or proposed, (a) dissuades or attempts to dissuade a person by threats, bribes or other corrupt means from giving evidence; (b) influences or attempts to influence by threats, bribes or other corrupt means a person in his conduct as a juror; or (c) accepts or obtains, agrees to accept or attempts to obtain a bribe or other corrupt consideration to abstain from giving evidence, or to do or to refrain from doing anything as a juror. 140 (1) Every one commits public mischief who, with intent to mislead, causes a peace officer to enter on or continue an investigation by (a) making a false statement that accuses some other person of having committed an offence; (b) doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself; (c) reporting that an offence has been committed when it has not been committed; or (d) reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. 141 (1) Every one who asks for or obtains or agrees to receive or obtain any valuable consideration for himself or any other person by agreeing to compound or conceal an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (a) entered into with the consent of the Attorney General; or (b) made as part of a program, approved by the Attorney General, to divert persons charged with indictable offences from criminal proceedings. 142 Every one who corruptly accepts any valuable consideration, directly or indirectly, under pretence or on account of helping any person to recover anything obtained by the commission of an indictable offence is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (a) publicly advertises a reward for the return of anything that has been stolen or lost, and in the advertisement uses words to indicate that no questions will be asked if it is returned, (b) uses words in a public advertisement to indicate that a reward will be given or paid for anything that has been stolen or lost, without interference with or inquiry about the person who produces it, (c) promises or offers in a public advertisement to return to a person who has advanced money by way of loan on, or has bought, anything that has been stolen or lost, the money so advanced or paid, or any other sum of money for the return of that thing, or is guilty of an offence punishable on summary conviction. (a) by force or violence breaks a prison with intent to set at liberty himself or any other person confined therein, or (b) with intent to escape forcibly breaks out of, or makes any breach in, a cell or other place within a prison in which he is confined, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years., failed to attend court in accordance therewith or, having attended court, failed to attend court thereafter as required by the court, justice or judge, as the case may be, is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate. (10) An accused against whom a certificate described in subsection (9) is produced may, with leave of the court, require the attendance of the person making the certificate for the purposes of cross-examination. (11) No certificate shall be received in evidence pursuant to subsection (9) unless the party intending to produce it has, before the trial, given to the accused reasonable notice of his intention together with a copy of the certificate. (a) permits a person whom he has in lawful custody to escape, by failing to perform a legal duty, (b) conveys or causes to be conveyed into a prison anything, with intent to facilitate the escape of a person imprisoned therein, or (c) directs or procures, under colour of pretended authority, the discharge of a prisoner who is not entitled to be discharged, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years. (a) rescues any person from lawful custody or assists any person in escaping or attempting to escape from lawful custody, (b) being a peace officer, wilfully permits a person in his lawful custody to escape, or (c) being an officer of or an employee in a prison, wilfully permits a person to escape from lawful custody therein, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. (a) assists a prisoner of war in Canada to escape from a place where he is detained, or (b) assists a prisoner of war, who is permitted to be at large on parole in Canada, to escape from the place where he is at large on parole, is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. 149 (1) Notwithstanding section 743.1, a court that convicts a person for an escape committed while undergoing imprisonment may order that the term of imprisonment be served in a penitentiary, even if the time to be served is less than two years. means breaking prison, escaping from lawful custody or, without lawful excuse, being at large before the expiration of a term of imprisonment to which a person has been sentenced. includes any place that is open to the public where entertainments are given, whether or not any charge is made for admission. (théâtre) 150.1 (1) Subject to subsections (2) to (2.2), when an accused is charged with an offence under section 151 or 152 or subsection 153(1), 160(3) or 173(2) or is charged with an offence under section 271, 272 or 273 in respect of a complainant under the age of 16 years, it is not a defence that the complainant consented to the activity that forms the subject-matter of the charge. (2) When an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 12 years of age or more but under the age of 14 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused (a) is less than two years older than the complainant; and (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant. (2.1) If an accused is charged with an offence under section 151 or 152, subsection 173(2) or section 271 in respect of a complainant who is 14 years of age or more but under the age of 16 years, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if the accused (a) is less than five years older than the complainant; and (b) is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant. (2.2) When the accused referred to in subsection (2.1) is five or more years older than the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge if, on the day on which this subsection comes into force, (a) the accused is the common-law partner of the complainant, or has been cohabiting with the complainant in a conjugal relationship for a period of less than one year and they have had or are expecting to have a child as a result of the relationship; and (b) the accused is not in a position of trust or authority towards the complainant, is not a person with whom the complainant is in a relationship of dependency and is not in a relationship with the complainant that is exploitative of the complainant. (2.3) If, immediately before the day on which this subsection comes into force, the accused referred to in subsection (2.1) is married to the complainant, it is a defence that the complainant consented to the activity that forms the subject-matter of the charge. (3) No person aged twelve or thirteen years shall be tried for an offence under section 151 or 152 or subsection 173(2) unless the person is in a position of trust or authority towards the complainant, is a person with whom the complainant is in a relationship of dependency or is in a relationship with the complainant that is exploitative of the complainant. (4) It is not a defence to a charge under section 151 or 152, subsection 160(3) or 173(2), or section 271, 272 or 273 that the accused believed that the complainant was 16 years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant. (5) It is not a defence to a charge under section 153, 159, 170, 171 or 172 or subsection 286.1(2), 286.2(2) or 286.3(2) that the accused believed that the complainant was eighteen years of age or more at the time the offence is alleged to have been committed unless the accused took all reasonable steps to ascertain the age of the complainant. (6) An accused cannot raise a mistaken belief in the age of the complainant in order to invoke a defence under subsection (2) or (2.1) unless the accused took all reasonable steps to ascertain the age of the complainant. 151 Every person who, for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of a person under the age of 16 years (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days. 152 Every person who, for a sexual purpose, invites, counsels or incites a person under the age of 16 years to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the person under the age of 16 years, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days. 153 (1) Every person commits an offence who is in a position of trust or authority towards a young person, who is a person with whom the young person is in a relationship of dependency or who is in a relationship with a young person that is exploitative of the young person, and who (a) for a sexual purpose, touches, directly or indirectly, with a part of the body or with an object, any part of the body of the young person; or (b) for a sexual purpose, invites, counsels or incites a young person to touch, directly or indirectly, with a part of the body or with an object, the body of any person, including the body of the person who so invites, counsels or incites and the body of the young person. (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of 90 days. (1.2) A judge may infer that a person is in a relationship with a young person that is exploitative of the young person from the nature and circumstances of the relationship, including (a) the age of the young person; (b) the age difference between the person and the young person; (c) the evolution of the relationship; and (d) the degree of control or influence by the person over the young person. means a person 16 years of age or more but under the age of eighteen years. 153.1 (1) Every person who is in a position of trust or authority towards a person with a mental or physical disability or who is a person with whom a person with a mental or physical disability is in a relationship of dependency and who, for a sexual purpose, counsels or incites that person to touch, without that person’s consent, his or her own body, the body of the person who so counsels or incites, or the body of any other person, directly or indirectly, with a part of the body or with an object, is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. means, for the purposes of this section, the voluntary agreement of the complainant to engage in the sexual activity in question. (3) No consent is obtained, for the purposes of this section, if (a) the agreement is expressed by the words or conduct of a person other than the complainant; (b) the complainant is incapable of consenting to the activity; (c) the accused counsels or incites the complainant to engage in the activity by abusing a position of trust, power or authority; (d) the complainant expresses, by words or conduct, a lack of agreement to engage in the activity; or (e) the complainant, having consented to engage in sexual activity, expresses, by words or conduct, a lack of agreement to continue to engage in the activity. (4) Nothing in subsection (3) shall be construed as limiting the circumstances in which no consent is obtained. (ii) recklessness or wilful blindness; or (b) the accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain that the complainant was consenting. (6) If an accused alleges that he or she believed that the complainant consented to the conduct that is the subject-matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defence, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused’s belief, to consider the presence or absence of reasonable grounds for that belief. 155 (1) Every one commits incest who, knowing that another person is by blood relationship his or her parent, child, brother, sister, grandparent or grandchild, as the case may be, has sexual intercourse with that person. (2) Everyone who commits incest is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and, if the other person is under the age of 16 years, to a minimum punishment of imprisonment for a term of five years. (3) No accused shall be determined by a court to be guilty of an offence under this section if the accused was under restraint, duress or fear of the person with whom the accused had the sexual intercourse at the time the sexual intercourse occurred. 159 (1) Every person who engages in an act of anal intercourse is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction. (2) Subsection (1) does not apply to any act engaged in, in private, between (b) any two persons, each of whom is eighteen years of age or more, both of whom consent to the act. (a) an act shall be deemed not to have been engaged in in private if it is engaged in in a public place or if more than two persons take part or are present; and (i) if the consent is extorted by force, threats or fear of bodily harm or is obtained by false and fraudulent misrepresentations respecting the nature and quality of the act, or (ii) if the court is satisfied beyond a reasonable doubt that the person could not have consented to the act by reason of mental disability. 160 (1) Every person who commits bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction. (2) Every person who compels another to commit bestiality is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years or is guilty of an offence punishable on summary conviction. (3) Despite subsection (1), every person who commits bestiality in the presence of a person under the age of 16 years, or who incites a person under the age of 16 years to commit bestiality, (a) is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or (b) is guilty of an offence punishable on summary conviction and is liable to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months. 161 (1) When an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence referred to in subsection (1.1) in respect of a person who is under the age of 16 years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from (a) attending a public park or public swimming area where persons under the age of 16 years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre; ( a.1 ) being within two kilometres, or any other distance specified in the order, of any dwelling-house where the victim identified in the order ordinarily resides or of any other place specified in the order; (b) seeking, obtaining or continuing any employment, whether or not the employment is remunerated, or becoming or being a volunteer in a capacity, that involves being in a position of trust or authority towards persons under the age of 16 years; (c) having any contact — including communicating by any means — with a person who is under the age of 16 years, unless the offender does so under the supervision of a person whom the court considers appropriate; or (d) using the Internet or other digital network, unless the offender does so in accordance with conditions set by the court., chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983;, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or (d) an offence under subsection 212(1) (procuring), 212(2) (living on the avails of prostitution of person under 18 years), 212(2.1) (aggravated offence in relation to living on the avails of prostitution of person under 18 years) or 212(4) (prostitution of person under 18 years) of this Act, as it read from time to time before the day on which this paragraph comes into force. (2) The prohibition may be for life or for any shorter duration that the court considers desirable and, in the case of a prohibition that is not for life, the prohibition begins on the later of (a) the date on which the order is made; and (b) where the offender is sentenced to a term of imprisonment, the date on which the offender is released from imprisonment for the offence, including release on parole, mandatory supervision or statutory release. (3) A court that makes an order of prohibition or, where the court is for any reason unable to act, another court of equivalent jurisdiction in the same province, may, on application of the offender or the prosecutor, require the offender to appear before it at any time and, after hearing the parties, that court may vary the conditions prescribed in the order if, in the opinion of the court, the variation is desirable because of changed circumstances after the conditions were prescribed. (a) an indictable offence and is liable to imprisonment for a term of not more than four years; or (b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months. 162 (1) Every one commits an offence who, surreptitiously, observes — including by mechanical or electronic means — or makes a visual recording of a person who is in circumstances that give rise to a reasonable expectation of privacy, if (a) the person is in a place in which a person can reasonably be expected to be nude, to expose his or her genital organs or anal region or her breasts, or to be engaged in explicit sexual activity; (b) the person is nude, is exposing his or her genital organs or anal region or her breasts, or is engaged in explicit sexual activity, and the observation or recording is done for the purpose of observing or recording a person in such a state or engaged in such an activity; or (c) the observation or recording is done for a sexual purpose. includes a photographic, film or video recording made by any means. (3) Paragraphs (1)(a) and (b) do not apply to a peace officer who, under the authority of a warrant issued under section 487.01, is carrying out any activity referred to in those paragraphs. (4) Every one commits an offence who, knowing that a recording was obtained by the commission of an offence under subsection (1), prints, copies, publishes, distributes, circulates, sells, advertises or makes available the recording, or has the recording in his or her possession for the purpose of printing, copying, publishing, distributing, circulating, selling or advertising it or making it available. (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction. (6) No person shall be convicted of an offence under this section if the acts that are alleged to constitute the offence serve the public good and do not extend beyond what serves the public good. (a) it is a question of law whether an act serves the public good and whether there is evidence that the act alleged goes beyond what serves the public good, but it is a question of fact whether the act does or does not extend beyond what serves the public good; and (b) the motives of an accused are irrelevant. 162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty (a) of an indictable offence and liable to imprisonment for a term of not more than five years; or (b) of an offence punishable on summary conviction. (2) In this section, intimate image means a visual recording of a person made by any means including a photographic, film or video recording, (a) in which the person is nude, is exposing his or her genital organs or anal region or her breasts or is engaged in explicit sexual activity; (b) in respect of which, at the time of the recording, there were circumstances that gave rise to a reasonable expectation of privacy; and (c) in respect of which the person depicted retains a reasonable expectation of privacy at the time the offence is committed. (3) No person shall be convicted of an offence under this section if the conduct that forms the subject-matter of the charge serves the public good and does not extend beyond what serves the public good http://truonggialinhgroup.com/freebooks/failure-of-justice-a-brutal-murder-an-obsessed-cop-six-wrongful-convictions.

Rated 4.0/5
based on 2392 customer reviews