INTRODUCTION AND BRIEF DESCRIPTION
A person who breaks subsections (1), (2) or (3) of Section 394 is guilty of an indictable offence and could be jailed for up to five years.
SECTION WORDING
394(5) A person who contravenes subsection (1), (2) or (3) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.
EXPLANATION
Section 394(5) of the Criminal Code of Canada deals with the offence of robbery. The section states that if a person contravenes subsections (1), (2) or (3) of section 394, they are guilty of an indictable offence and can be imprisoned for up to five years. Subsection (1) of section 394 defines robbery as the act of using violence or threats of violence to take something that belongs to someone else. Subsection (2) states that if someone commits a robbery with a firearm, they are guilty of an indictable offence and can be imprisoned for life. Subsection (3) defines robbery as an indictable offence, which means that the accused is entitled to a trial by jury. In essence, section 394(5) establishes the punishment for the offence of robbery. The section recognizes that robberies can put people in great danger and can have a significant impact on their personal and financial lives. As such, the Criminal Code of Canada provides for serious consequences for individuals who commit such crimes. The punishment for robbery depends on the circumstances of the crime. The use of a weapon during a robbery, for instance, can result in a higher sentence. Moreover, if a person is accused of multiple robberies, or if they caused injury to the victim during the robbery, they could face even harsher punishment. In summary, section 394(5) of the Criminal Code of Canada sets out the consequences for the offence of robbery. It is essential to understand and adhere to this law to avoid committing an indictable offence and the severe consequences that can come with it.
COMMENTARY
Section 394(5) of the Criminal Code of Canada criminalizes the act of robbery. Robbery is defined as the act of stealing property from another person by using force or the threat of force. This is a serious criminal offence that can result in imprisonment for up to five years. The purpose of this section is to deter individuals from committing robbery and to ensure that those who do commit this crime are punished to the full extent of the law. The harsh penalty of up to five years in prison shows that Canada takes this offence very seriously. Robbery is a violent crime that not only results in the theft of property, but also violates the personal safety of the victim. When force or the threat of force is used to take someone's property, it causes fear and trauma for the victim. It is therefore important that the criminal justice system respond appropriately to such actions. The severity of the punishment for robbery serves as a deterrent to potential offenders. Knowing that there are harsh penalties for this crime makes it less likely that someone will attempt to commit robbery. This not only keeps the public safe, but also reduces the workload of law enforcement and the courts. It is important to note that the severity of the punishment for robbery is proportional to the seriousness of the crime. Robbery is a violent crime that can cause serious harm to victims. The use of force or the threat of force makes this crime particularly egregious. The punishment must reflect the seriousness of the harm caused. In conclusion, Section 394(5) of the Criminal Code of Canada criminalizes the act of robbery and serves to deter potential offenders and to protect the public from violent crime. The harsh penalty of up to five years in prison shows that Canada takes this offence very seriously and sends a message that society will not tolerate violent crime.
STRATEGY
Section 394(5) of the Criminal Code of Canada is a very serious offence that carries significant penalties, including imprisonment for up to five years. When dealing with a case under this section, there are several strategic considerations that lawyers and defendants must keep in mind. Some of the key strategies that can be employed include: 1. Building a strong defence: In cases involving a charge under section 394(5), building a strong defence is crucial. The defence may argue that the accused did not commit the offence, or that they did not have the intent to commit the offence. They may also point to mitigating factors, such as a lack of prior criminal record, to argue for a lesser sentence. 2. Seeking a plea bargain: A plea bargain may be an effective way to reduce the sentence or charges against the accused. In plea bargaining, the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. Plea bargaining can be a useful strategy when there is strong evidence of guilt against the accused. 3. Retaining an experienced criminal lawyer: When facing a charge under section 394(5), it is essential to retain an experienced criminal lawyer who has a deep understanding of Canadian criminal law. An experienced lawyer will be able to assess the strength of the prosecution's case and develop an effective strategy for defending the accused. 4. Preparing for trial: If the case proceeds to trial, it is crucial to prepare thoroughly. This may involve gathering evidence, interviewing witnesses, and conducting pre-trial motions to exclude evidence, among other things. Preparation is key to mounting a successful defence and achieving the best possible outcome. 5. Negotiating with the Crown: The Crown may be willing to negotiate outside of the court system by way of pre-trial conferences with defence counsel. These conferences are an opportunity for discussion and negotiation before proceeding to trial. The Crown may agree to a plea deal that is in line with the accused's defence, or the Crown may offer a lenient sentence in exchange for a guilty plea. In conclusion, a charge under section 394(5) of the Criminal Code of Canada requires careful attention to strategic considerations. With a solid defence, plea bargaining, the assistance of a knowledgeable and experienced criminal lawyer, thorough preparation for trial, and patient negotiation with the Crown, a successful outcome can be achieved.