Common Canadian Criminal Code Offences and Procedures, 2018-2019 provides easy, portable access to valuable content from Canadian Criminal Code Offences and Criminal Law Evidence, Practice and Procedures
This compilation provides easy, portable access to valuable content from the respected practice manuals Canadian Criminal Code Offences and Criminal Law Evidence, Practice and Procedure used by Crown counsel, defence counsel, judges and police. The selected chapters from these manuals bring together essential information on commonly charged offences designed to assist the beginning practitioner. The procedural aspect of this book is designed to provide step-by-step guidance to evidentiary, procedural and practice topics that arise in criminal law practice.
New in this edition
R. v. Boudreau, 2018 SCC 58 – The Supreme Court of Canada held s. 737 of the Criminal Code to be unconstitutional, and ruled that no victim fine surcharge may be imposed pursuant to it.
R. v. A.H., 2018 ONCA 667 — Given the accused’s association with the complainant’s father and uncle, as well as his daughter’s association with the complainant herself, the appellate court held the inference that the accused had known her age to have been proper.
R. v. Forcillo, 2018 ONCA 402 – The Court of Appeal refused to apply the single transaction rule to two sets of gunshots – the first set proved fatal and underlay the murder charge, whereas the subsequent set of shots furnished the basis for the attempted murder charge.
Lauzon c. R., 2018 QCCA 2062 — Care or control, and hence “operation”, may be exercised by one sitting in the passenger seat, rather than the driver, according to Quebec’s Court of Appeal.
Vézina v. R., 2018 QCCA 739 — The Court of Appeal held, for purposes of s. 244.2, the accused need not have been outside a residence in order to shoot into it – the destination of the shot, rather than the geographical position of the shooter, determines culpability.
R. v. Sciascia, 2017 SCC 57 – According to the Supreme Court of Canada, where a single incident gave rise to both provincial and hybrid Criminal Code offences, and where the Crown elected to proceed summarily on the hybrid offences, all the offences may be tried together in a joint trial.
R. v. A.R.D., 2017 ABCA 237 – The unexpected absence of a child’s conduct to avoid her stepfather is no basis to disbelieve her complaints as an adult that he had abused her back then.
R. v. Jerrett, 2017 NLCA 65 – Notwithstanding’s the defendant’s obligation to attend having arisen from provincial legislation, he or she may be convicted for failing to appear under the Criminal Code.
R. v. Johnson, 2017 NSCA 64 – When charging principals and aiders, according to the appellate court, there is no legal requirement for the Crown to specify in the Information or to provide details concerning the accused’s particular role in the commission of the offence.
R. v. Fontaine, 2017 SKCA 72 — The complainant woke the defendant violently, and he reacted by punching her. The Court of Appeal upheld his acquittal after distinguishing between reflexive actions devoid of voluntariness from automatism.