INTRODUCTION AND BRIEF DESCRIPTION
Section 149(2) defines the meaning of escape as breaking prison, escaping from lawful custody, or being at large without lawful excuse before the end of a sentence.
SECTION WORDING
149(2) In this section, "escape" 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.
EXPLANATION
Section 149(2) of the Criminal Code of Canada defines the term "escape." Escape, in this section, explicitly refers to three distinct actions - breaking out of a prison, escaping from lawful custody, or being at large without lawful excuse before serving the full sentence of imprisonment. This section is critical as it underscores one of the most severe offenses individuals could commit: breaching the laws of imprisonment. The Criminal Code considers escape a severe offense because it undermines the administration of justice. Imprisonment is a punishment that seeks to eliminate any danger or risks that the offender poses to society. As such, offenders who escape custody have raised serious concerns. Firstly, they evade due punishment and second, they pose significant risks to society if their escape is not timely managed. As such, the Criminal Code seeks to make it a criminal offense to escape or aid in an escape. While the penalties for escape vary, the Criminal Code stipulates that offenders found guilty will face imprisonment. It is crucial to note that the conviction rate for crimes of escape in Canada is relatively high. The Crown Prosecution Service takes these offenses seriously and has many provisions for their investigation, prosecution, and trial. Furthermore, section 149(2) highlights the seriousness of escape within the Canadian criminal justice system and serves as a deterrent to would-be escapees. Additionally, this section establishes some certainty and clarity in defining escape, making it easier for courts to apply the law.
COMMENTARY
Section 149(2) of the Criminal Code of Canada defines the term "escape", which is a criminal offence, and sets out the conditions under which a person can be charged with it. The section encompasses several situations that involve the removal of an individual from a place of lawful detention or custody. Prison and Correctional Facilities are established to confine individuals who have been found guilty of crimes. These individuals are put in prison for a period, as determined by the lawful authority, as punishment for their actions. However, situations arise whereby some inmates attempt to flee or leave the prison before their term is up. This is known as an escape and is considered a criminal offence under Section 149(2) of the Criminal Code of Canada. The section encompasses three scenarios where a person can be charged with escape. Firstly, a person can be charged with escape for breaking out of a prison. This can occur by breaking down walls, digging tunnels, or any other means of gaining physical freedom from the confinement of the institution. Secondly, a person can be charged with escape if they escape from lawful custody. Lawful custody includes any situation where an individual is legally confined by a law enforcement officer or any other authorized person. It could be in a police station, court, or any other place authorized by the law. This provision ensures that offenders do not escape from lawful detention and can face the consequences of their actions. The third scenario under which a person can be charged with escape according to Section 149(2) is being at large without lawful excuse before the expiration of a term of imprisonment to which the person had been sentenced. In simple terms, this provision refers to individuals who are sentenced to serve a specific term in prison but leave prison before serving the entire period. This provision is essential to ensure that the sanctity of the prison system is maintained. Prison systems exist as a means of punishing individuals who have violated the law, and as such, the law is required to maintain disciplined control of inmates to preserve the administration of justice. In conclusion, Section 149(2) of the Criminal Code of Canada defines the term "escape" and provides situations where a person can be charged for the offence. The law provides a punishment of up to five years in prison, which helps the justice system to maintain order and discourage individuals from attempting to escape from custody. Furthermore, Section 149(2) plays a significant role in ensuring that the administration of justice is achieved, and the rights of individuals and society are protected.
STRATEGY
Section 149(2) of the Criminal Code of Canada deals with the criminal offense of escape. This section provides a comprehensive definition of the term 'escape' to include a wide range of actions, from breaking prison to being at large before the expiration of a sentence. For lawyers and prosecutors, some strategic considerations when dealing with this section of the Criminal Code include the following: 1. Understand the Elements of the Offense: It is crucial to understand the essential elements of the offense before prosecuting the accused. In the case of escape, the prosecution must prove beyond a reasonable doubt that the accused committed any of the three acts defined in Section 149(2). Prosecutors may also have to show the intent of the accused to escape custody or being at large without lawful justification. 2. Careful Evaluation of the Evidence: Prosecutors must carefully examine the evidence to make sure there is enough proof to establish guilt beyond a reasonable doubt. In cases of escape, this may involve eyewitness testimony, video surveillance footage, or physical evidence. Additionally, there may be issues related to the timing of events, which may influence whether the accused is culpable or not. 3. Assess the Rationale for the Escape: One strategic consideration may be to assess the rationale for the escape. For instance, if the detainee's life or safety was at risk, the defense may argue it was justifiable to escape. In such cases, prosecutors may have to assess the credibility of such claims and be able to demonstrate that the accused did have a lawful excuse for escaping. 4. Consider the Type of Offense: The nature of the offense may also influence the prosecution's approach. For example, escape by breaking prison may suggest a higher level of premeditated intent to evade custody, whereas being at large may suggest a breach of trust rather than an act of defiance. It is essential to consider the specific circumstances in each situation. 5. Evaluating Admissibility of Evidence: Prosecutors must evaluate the admissibility of evidence, particularly if the defendant's rights may have been breached during their apprehension. For example, if the arresting officer failed to inform the defendant of their rights upon arrest, any subsequent confession may be inadmissible. Some strategies that could be employed in dealing with Section 149(2) of the Criminal Code of Canada include: 1. Ensuring that the evidence adduced proves the crime beyond a reasonable doubt. 2. Building a strong case by considering the evidence and the circumstances. 3. Presenting persuasive arguments to the Court to show that the defendant intended to escape from custody or was at large without lawful justification. 4. Emphasizing the consistency and coherence of the evidence to ensure the Court understands the defendant's guilt beyond a reasonable doubt. 5. Utilizing prior legal precedent to support arguments concerning intent, justification, or admissibility of evidence. In conclusion, Section 149(2) of the Criminal Code of Canada provides a broad definition of the offense of escape, which requires careful consideration of the evidence and circumstances of each case. Prosecutors need to evaluate the evidence and prepare arguments that will persuade the court of the defendant's guilt. Taking the time to build a strong case, understanding the circumstances, and utilizing legal precedent are critical strategies that will increase the chances of a successful conviction.