Major Assignment - Criminal/Summary

Conviction procedure

Assignment description and guidance

In this assignment, students will be required to examine the relevant sections of the Criminal Code

to gain an understanding of how it relates to the questions posed in the two fact patterns.

Students will have the opportunity to engage in both substantive and procedural concepts relating

to summary conviction offences.

Assignment steps

1.Familiarize yourself with the details of the fact patterns provided. Facts will not be

provided to you in perfect order and some facts may not be relevant.

2.Review, analyze and interpret the governing legislation.

3.Provide your written response to memo format-typed, double-spaced, 12pt font and using Times

New Roman font. Your written response must not exceed 3 pages. Remember to proofread for spelling,

grammar and punctuation.

4.On Day 7, submit your completed assignment to the Assignment Submission Folder - Major

Assignment.

part a

Examine each of the following sections of the Criminal Code.

1.Determine what offence the section creates; and

2.State the type of offence, namely, whether it is a general summary conviction offence, an

indictable offence, summary conviction offence or a hybrid offence. If the offence can be

prosecuted by summary conviction, decide whether it is a general or super summary conviction

offence.

a.s. 145(5)

b.s. 335

c.s. 120

d.s. 365

e.s. 137

f.s. 163.1(2)

g.s. 218

h.s. 264

part B

Bohdan was at a club in downtown Toronto with his friends. He had about 10 beers and was

intoxicated. A group of men came into the pub and started pushing and shoving to get to the bar.

Bohdan told one of them to stop pushing. An argument between the two men ensued. They were

shouting and screaming at each other. The bouncers came and threw both Bohdan and the other man out

of the club. Once outside, the two continued their argument and the other man started pushing

Bohdan. Bohdan started pushing back. The other man had also been drinking and when Bohdan shoved

him, he fell backward onto the curb.

The police arrived and charged Bohdan with assault under s.265(1) of the Criminal Code. He has

retained you to represent him at his trial.

a.Do you think that you could successfully raise an intoxication defense? Explain your answer

fully.

b.Do you think that you could successfully raise the defense of automatism? Explain your answer

fully.

c.Is there anything else that you could do for Bohdan in terms of defense?