INTRODUCTION AND BRIEF DESCRIPTION
This section specifies the punishment for committing an offence of impersonation with intent in Canada.
SECTION WORDING
96(2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten 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 liable to imprisonment for a term not exceeding one year.
EXPLANATION
Section 96(2) of the Criminal Code of Canada outlines the penalties for the offence of possession of any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe knowing that it is intended to be used for such a purpose." This offence falls under the category of property crimes and is considered a serious offence in Canada. If a person is found guilty of this offence, they could face imprisonment for up to ten years if the offence is treated as an indictable offence- meaning the individual would have a choice between a trial before a judge and jury or before a judge alone. In addition to this, the convicted individual would be subjected to a minimum punishment of one year of imprisonment. However, if the offence is treated as a summary conviction, the individual will face imprisonment of a term not exceeding one year. The severity of the penalty for this offence highlights the importance the Canadian government places on protecting people's property. The government recognizes that breaking into someone's property can have a negative impact on their livelihood, and can cause emotional and mental distress. Section 96(2) also serves as a deterrent for individuals who may be contemplating breaking into someone's property. The potential for a significant term of imprisonment acts as a warning that such actions are unacceptable and could result in serious legal repercussions. Overall, Section 96(2) of the Criminal Code of Canada is intended to protect people's properties and ensure that those who engage in activities that threaten the safety and security of Canadians are held accountable for their actions.
COMMENTARY
Section 96(2) of the Criminal Code of Canada outlines the potential punishment for committing an offence under subsection (1). Specifically, this section sets out two different types of offences that can be committed under subsection (1): an indictable offence and an offence punishable on summary conviction. The first type of offence, an indictable offence, carries with it significant potential penalties. Specifically, an individual who is found guilty of committing an indictable offence under subsection (1) can be sentenced to imprisonment for a term not exceeding ten years, and must serve a minimum sentence of one year in prison. This punishment is relatively severe, as it can result in a significant deprivation of liberty for the individual convicted of the offence. The second type of offence under subsection (1) is one that is punishable on summary conviction. This type of offence carries a potentially less severe penalty, as it can result in imprisonment for a term not exceeding one year. While this is still a serious punishment, it does not carry the same potential stigma and long-term impact as a longer term of imprisonment. Overall, the punishment outlined in section 96(2) reflects the serious nature of the underlying offence. Specifically, subsection (1) of this section sets out the offence of recruitment for the purpose of committing a criminal organization offence, which is itself a significant crime. By providing for a potential punishment of imprisonment for up to ten years, the Criminal Code of Canada sends a clear message that this type of behaviour will not be tolerated within Canadian society. It is also noteworthy that the minimum sentence for those convicted of an indictable offence under subsection (1) is one year in prison. This reflects the seriousness of the offence, and ensures that individuals who are convicted of this crime receive a significant punishment for their actions. By requiring a minimum sentence of one year, the Criminal Code of Canada ensures that those who commit this crime will not be able to avoid significant punishment by simply receiving a shorter sentence. One potential criticism of section 96(2) of the Criminal Code of Canada is that it does not offer much flexibility in terms of sentencing. Specifically, the section sets out very specific and relatively severe minimum and maximum punishments for those convicted of this offence. While this ensures that those who commit this crime receive a significant punishment, it may also limit the ability of judges and other legal professionals to tailor the punishment to the specific circumstances of the case. For example, in some cases it may be appropriate to impose a shorter sentence or to use alternative forms of punishment such as community service or probation. Overall, section 96(2) of the Criminal Code of Canada reflects the seriousness of the crime of recruitment for the purpose of committing a criminal organization offence. By providing for both indictable and summary offences, the section illustrates the flexibility of the criminal justice system in dealing with different types of crimes. While some may criticize the relatively fixed nature of the punishment outlined in this section, it is clear that the punishment is designed to deter this type of behaviour and protect Canadian society as a whole.
STRATEGY
Section 96(2) of the Criminal Code of Canada deals with the offence of impersonating a peace officer, which is considered a serious crime. Whether you are facing charges under subsection (1)(a) or (1)(b), it is important to consider a range of strategic approaches that could help mitigate the charges or lessen the punishment handed down by the courts. Some strategies that could be employed include: 1. Working with a criminal defence lawyer: If you are facing charges under section 96(2), the first step is to engage the services of a criminal defence lawyer. A good lawyer can help you understand the charges you are facing, the evidence that will be presented in court, and your legal options. They can also identify weaknesses in the Crown's case and develop a strong defence strategy based on the facts of your situation. 2. Conducting a thorough review of the evidence: Since the Crown has the burden of proof in a criminal case, your legal team should carefully review any evidence presented against you. This includes witness statements, forensic evidence, audio and video recordings, and any other evidence that the prosecution intends to introduce in court. Your lawyer can raise any objections to the admissibility of the evidence if it was improperly obtained or unreliable. 3. Challenging the validity of the charges: In some cases, the prosecution may have overcharged you with impersonating a peace officer when the evidence suggests that a lesser offence would have been more appropriate. Your criminal defence lawyer may be able to negotiate with the Crown or argue in court for a lesser charge, which will reduce the severity of any sentence handed down by the court. 4. Demonstrating mitigating circumstances: If you are found guilty of impersonating a peace officer, it is important to demonstrate any mitigating circumstances that may reduce your culpability. For example, if you were acting under duress or had a mental health condition that affected your actions, your lawyer can make arguments that these factors should be taken into account when sentencing. 5. Seeking alternative sentencing options: If you are convicted of impersonating a peace officer, you may face a term of imprisonment or other penalties. Your lawyer can argue for alternative sentencing options, such as community service, probation, or electronic monitoring, which would allow you to continue working and living with your family while serving your sentence. 6. Negotiating a plea deal: In some cases, the best strategy for dealing with charges under section 96(2) may be to negotiate a plea deal with the Crown. This involves agreeing to plead guilty to a lesser offence or agreeing to certain conditions in exchange for a reduced sentence. A skilled criminal defence lawyer can help you negotiate the best possible plea deal based on the facts of your case. In conclusion, when facing charges under section 96(2) of the Criminal Code of Canada, it is important to carefully consider the evidence, the charges, and your legal options. A skilled criminal defence lawyer can help you develop a strategic approach that will increase your chances of a positive outcome, whether that involves fighting the charges or negotiating a plea deal. By working with a lawyer, you can ensure that your rights are protected and that you receive fair treatment under the law.