INTRODUCTION AND BRIEF DESCRIPTION
This section criminalizes escaping from lawful custody and being unlawfully at large before serving a sentence.
SECTION WORDING
145(1) Every one who (a) escapes from lawful custody, or (b) is, before the expiration of a term of imprisonment to which he was sentenced, at large in or out of Canada without lawful excuse, the proof of which lies on him, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
EXPLANATION
Section 145(1) is a provision in the Criminal Code of Canada that prohibits individuals from escaping lawful custody or being at large before the expiration of their prison term without a lawful excuse. The section places an obligation on anyone who is already serving a sentence and wishes to leave or is outside of the facility to justify their reasons and explain why they have left. If an individual violates this provision, they will be guilty of an indictable offense and liable to imprisonment for a term not exceeding two years or may face an offense punishable on summary conviction. In other words, a person leaving lawful custody or being at large without a lawful excuse undermines the justice system's authority and integrity. This provision is crucial for maintaining law and order, and it is vital for deterrence purposes. If individuals are allowed to escape or leave custody without justification, it would encourage other members of society to ignore the rule of law and feel free to engage in criminal activities without consequences. Additionally, the provision makes it clear that violating this law can lead to punitive measures taken against the offender. In conclusion, Section 145(1) of the Criminal Code of Canada is essential for maintaining public safety, upholding the rule of law, and deterring criminal behavior. It reinforces the importance of following legal processes and the consequences that individuals face when they break the law.
COMMENTARY
Section 145(1) of the Criminal Code of Canada deals with the offence of escaping from lawful custody or being at large without lawful excuse. This section aims to maintain the integrity of the judicial system by imposing criminal liability on offenders who escape from jail or evade being in custody before the completion of their sentence. The offences covered under this section are considered serious and are triable on indictment. The maximum penalty for such an offence is two years of imprisonment. Alternatively, offenders may be liable to summary conviction. This provision underlines the significance of remaining incarcerated until the completion of the sentence imposed by the court. The Criminal Code of Canada recognizes that individuals who are serving a term of imprisonment are under lawful custody, and it is an offence to escape from that lawful custody. Typically, a person who escapes from lawful custody poses a significant threat to public safety. It is therefore essential that the law regulates such behaviour to prevent crime, restore public order, and foster deterrence. Furthermore, Section 145(1)(b) of the Criminal Code of Canada also covers the offence of being at large without lawful excuse. In essence, this provision applies to individuals who are released from custody but violate their release conditions or escape ahead of completing their sentence. Such individuals are classified as "at large" and can incur criminal liability. The Criminal Code of Canada places the onus of proving lawful excuse on the offender. This provision reinforces the importance of adhering to release conditions and serving the full sentence as specified by the court. Otherwise, individuals who do not have a sufficient explanation for being at large may face criminal convictions and imprisonment. In summary, Section 145(1) of the Criminal Code of Canada acts as a deterrent against a breach of public order and ensures public safety. It provides a significant penalty for those who attempt to escape or are at large after being released from lawful custody. This section protects the judicial system by establishing a framework of criminal liability for such actions. Additionally, it reinforces the importance of adhering to court-imposed conditions and serving the full sentence. Failure to comply with these regulations can evoke significant legal consequences for the offender.
STRATEGY
Section 145(1) of the Criminal Code of Canada deals with the offense of escaping from lawful custody or being at large before the expiration of a prison term without a lawful excuse. This section imposes significant penalties, including incarceration for up to two years, for individuals who are found guilty of these offenses. When dealing with this section of the Criminal Code, several strategic considerations should be taken into account. One of the first strategic considerations when dealing with Section 145(1) is whether the charges can be defended against. For instance, if the accused can prove that they had a lawful excuse for being at large, then they may not be found guilty of this offense. Additionally, if there are procedural or evidentiary defects in the prosecution's case, defense counsel can potentially challenge the admissibility of the evidence or argue that the charges should be dismissed altogether. Another strategic consideration is the potential sentence that the accused may face if convicted. Whether the accused should plead guilty or proceed to trial will depend on the strength of the prosecution's case, the severity of the potential sentence, and the likelihood of mitigating factors being taken into account during sentencing. If the accused is convicted of this offense, they may be subject to a significant period of incarceration, which may influence their decision to plead guilty or proceed to trial. Another strategy that could be employed is to negotiate a plea bargain with the prosecution. In some cases, defendants may be willing to plead guilty to a lesser offense in exchange for a reduced sentence or some other form of leniency. A skilled defense attorney may be able to negotiate favorable terms of a plea bargain that could reduce the potential prison sentence or lead to an alternative sentence, such as probation or community service. The accused may also consider potential collateral consequences if convicted under Section 145(1) of the Criminal Code. For example, a criminal record can have serious implications for employment, housing, and travel opportunities. A strategic defense attorney will work to minimize potential collateral consequences by exploring alternative dispositions, such as diversion programs, that could allow the accused to avoid a criminal record. Finally, it is essential to carefully consider the available evidence and how best to present it in court. This process involves identifying potential weaknesses in the prosecution's case and building arguments in the accused's favor based on the evidence. A skilled defense attorney can use the evidence to craft a compelling narrative that undermines the prosecution's case and leads to a more favorable outcome for the accused. Ultimately, navigating Section 145(1) of the Criminal Code of Canada requires careful strategic planning and execution. A skilled defense attorney can guide the accused through the process, advising them on the best course of action and working tirelessly to secure a positive outcome. Whether through challenging the charges, negotiating a plea bargain, or presenting a compelling case in court, an effective defense strategy can make all the difference when facing charges under this section of the Criminal Code.