Draft Form of Charges: Difference between revisions
No edit summary |
|||
Line 145: | Line 145: | ||
! Draft Wording | ! Draft Wording | ||
|- | |- | ||
|s. 4(1) | |||
| | | | ||
| | |||
|- | |||
|s. 5(1) | |||
| | |||
| | |||
|- | |||
|s. 5(2) | |||
| | | | ||
| | | |
Revision as of 12:16, 10 August 2018
Criminal Code
Pre-amble Options | ||
---|---|---|
"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"AND FURTHER at the same time and place aforesaid, he [or she]..." | ||
Code Section | Subject of Offence | Draft Wording |
57(1)(a) | Forgery of Passport | "...did forge a passport, to wit: [name nationality of password, put in passport #], purportedly issued to [false name used], contrary to section 57(1)(a) of the Criminal Code."[1] |
57(2) | False statement for Passport | "...did for the purposes of procuring a passport for [false name used/himself/herself] make a [written/oral] statement on the [specify the document or form] purportedly submitted by [false name used], to wit, [describe the statement or representation made], that [he/she] knew was false, contrary to section 57(2) of the Criminal Code."[2] |
86(1) | Careless Storage of a Firearm | "...did without lawful excuse [store, carry, handle, ship] a firearm, to wit: [specify], [in a careless manner, without reasonable precaution for the safety of other persons], contrary to section 86(1) of the Criminal Code." |
151 (2008 to present) | Sexual Interference (with hands) | "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of sixteen years [directly or indirectly] with a part of his body, to wit [identify accused's body part], contrary to section 151 of the Criminal Code."[3] |
151 (2008 to present) | Sexual Interference (with object) | "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of sixteen years [directly or indirectly] with an object, to wit [identify the object used by the accused], contrary to section 151 of the Criminal Code." |
151 (1985 to 2008) | Sexual Interference (with hands) | "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of fourteen years [directly or indirectly] with a part of his body, to wit [identify accused's body part], contrary to section 151 of the Criminal Code."[4] |
151 (1985 to 2008) | Sexual Interference (with object) | "...did for a sexual purpose touch [alleged victim name or initialism] a person under the age of fourteen years [directly or indirectly] with an object, to wit [identify the object used by the accused], contrary to section 151 of the Criminal Code." |
152 | Invitation to Sexual Touching | "... did for a sexual purpose [invite/counsel/incite] [alleged victim name or initialism] to touch [directly or indirectly] with a part of his body, to wit [identify accused's body part], the body of [alleged victim, a third party or the accused] contrary to section 152 of the Criminal Code." [5] |
153(1)(a) | Sexual Exploitation | "... being a person in a position of trust or authority towards [alleged victim name or initialism], a young person, did, for a sexual purpose, touch, [directly or indirectly], with a part of his body or with an object, the body of [alleged victim], contrary to section 153(1)(a) of the Criminal Code."[6] |
153(1)(b) | Inciting Sexual Exploitation | "... being a person in a position of trust or authority towards [alleged victim name or initialism], did, for a sexual purpose, [invite, counsel or incite] [alleged victim], a young person, to touch, [directly or indirectly] with a part of the body or an object, the body of [alleged victim, the accused, or a third party], contrary to section 153(1)(b) of the Criminal Code."[7] |
160(1) | Bestiality | "...did commit bestiality with a [identify the general type of animal] contrary to section 160(1) of the Criminal Code."[8] |
160(2) | Compelling Bestiality | "...did compel [name of alleged victim] to commit bestiality with a [identify the general type of animal] contrary to section 160(2) of the Criminal Code."[9] |
163.1(2) | Making of Child Pornography | "...did [make/print/publish/possess for the purpose of publication] child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(2) of the Criminal Code."[10] |
163.1(3) | Distribution, etc of Child Pornography | "...did [transmit/make available/distribute/sell/import/export/possess for the purpose of transmission, making available, distribution, sale or exportation], child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(3) of the Criminal Code."[11] |
163.1(4) | Possession of Child Pornography | "...did without lawful excuse, possess child pornography, to wit [describe the medium of pornography such as images, videos, text, etc.], contrary to section 163.1(4) of the Criminal Code."[12] |
224.1 | Discharge a firearm with intent | "...did discharge [an air gun/an air pistol/a gas pistol] with intent to wound, maim, disfigure or endanger the life of <VICTIM>, contrary to section 244.1 of the Criminal Code." |
246(b) | Administering a Stupefying Substance | "...did, with intent to enable [him/herself] to commit the indictable offence of [insert offence name here] cause [victim #1 name] to take a stupefying drug contrary to section 246(b) of the Criminal Code." |
266 | common assault | "...did in commit an assault on [name of victim] contrary to section 266 of the Criminal Code." |
267(a) | assault with a weapon | "...did in committing an assault on [name or initialism of victim], use a weapon, to wit: [describe the weapon], contrary to section 267(a) of the Criminal Code." |
271 | sexual assault | "...did commit an assault on [name of alleged victim], contrary to section 271 of the Criminal Code."[13] |
368(1)(a) | Use a Forged Document | "...did, knowingly [use/deal with/act on] a forged document, to wit: [specify the document], as if it were genuine, contrary to section 368(1)(a) of the Criminal Code." |
380(1)(a) | Fraud over $5,000 | "...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify property or value of cash], a total value exceeding $5,000, contrary to section 380(1)(a) of the Criminal Code. |
380(1)(a) | Fraud of testamentary instrument | "...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify the document or instrument], a testamentary instrument, contrary to section 380(1)(a) of the Criminal Code. |
380(1)(b) | Fraud Not Exceeding $5,000 | "...by deceit, falsehood or other fraudulent means, did unlawfully defraud [victim], of [specify property or value of cash], a total value not exceeding $5,000, contrary to section 380(1)(b) of the Criminal Code. |
Controlled Drugs and Substances Act
Pre-amble Options | ||
---|---|---|
"THAT [accused full name] stands charged that, between the <DATE> day of <MONTH>, <YEAR> and <DATE> day of <MONTH>, <YEAR>***, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"THAT [accused full name] stands charged that, on or about the <DATE> day of <MONTH>, <YEAR>, at or near <COMMUNITY/TOWN/CITY>, <PROVINCE>, he [or she]..." OR | ||
"AND FURTHER at the same time and place aforesaid, he [or she]..." | ||
CDSA Section | Subject of Offence | Draft Wording |
s. 4(1) | ||
s. 5(1) | ||
s. 5(2) |
Notes
- ↑ e.g R. v. Berryman, 1990 CanLII 286 (BC CA)
- ↑ e.g. Berryman, ibid.
- ↑ e.g. R v G.G., 2018 SKQB 169 (CanLII)
- ↑ e.g. R v G.G., 2018 SKQB 169 (CanLII)
- ↑ e.g. R. v. Z.H., 2018 ONCJ 295 (CanLII)
- ↑ e.g. R v DLW, 2013 BCSC 1327 (CanLII)
- ↑ e.g. R v DLW, 2013 BCSC 1327 (CanLII)
- ↑ e.g. R v DLW, 2013 BCSC 1327 (CanLII)
- ↑ e.g. DLW, supra
- ↑ R v Kristian, 2016 ABPC 158 (CanLII)
- ↑ e.g. R. v. Watts, 2016 ABPC 57 (CanLII)
- ↑ e.g. R v Wysom, 2018 ONCJ 450 (CanLII)
- ↑ e.g. R v Depeel, 1995 CanLII 5989 (SK QB)