Laying Foundations and Meeting Objections: Section 1 -

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So everything is really expensive so greater incentive to plea bargain. § At common law, jury trial was summary process. Under the Road traffic Act 1988 it is a strict liability offence to drive a vehicle with an alcohol concentration above the prescribed limit). Out the consequences of any one particular quantum event with a whole. Abstract: Does the death penalty save lives? Crimes are usually categorized as felonies or misdemeanors based on their nature and the maximum punishment that can be imposed.

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Habitat for Humanity Desai lawyers Series (Season 1) Let the

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In many cases, property offenses are punished less harshly than personal offenses. Ajibola, eds., Essays in honour of Judge Taslim Olawale Elias, Dordrecht; Boston: M. Foster � Accessorial liability for criminally negligent homicide requires the same level of culpability as the underlying offense, that is, negligence.� Even though you can�t attempt or conspire to commit an offense that doesn�t require intent, you can be an accessory to such an offense. Contact Us - Fort Lauderdale Criminal Lawyer..

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Army Regulation AR 195-2 Criminal Investigation Activities

United States Government US Army

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Positivist jurisprudence and the realities in society faced by the courts contributed to a widely held view that the laws on the books could be set aside at the discretion of the police and the judges. Includes such constitutional requirements as adequate notice, assistance of counsel, and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses. elements of a crime - Specific factors that define a crime, every element of which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. entry of judgment - Recording the judgment.

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Murphy on Evidence

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JoAnn Wypijewski, JoAnn Wypijewski is a journalist in New York City. In: JULIAN V ROBERTS and LUCIA ZEDNER, eds., Principles and Values in Criminal Law and Criminal Justice: Essays in Honour of Andrew Ashworth OUP. 171-190 ROBERTO PUCH-SOLIS, PAUL ROBERTS, SUSAN POPE and COLIN AITKEN, 2012. Where a custom cannot be established as one judicially noticed it may be established and adopted as part of the law governing particular circumstances by calling evidence to show that persons or the class of persons concerned in the particular area regard the alleged custom as binding upon them: Provided that in case of any custom relied upon in any judicial proceeding it shall not be enforced as law if it is contrary to public policy and is not in accordance with natural justice, equity and good conscience.

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The New System of Criminal Procedure, Pleading and Evidence

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Certainly, both can contribute to the criminal profile but still they are only one member of a team. Assault, when a dangerous wound is inflicted. Instrument construed so as to give effect to all provisions. � In the construction of an instrument, where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all. (9) Section 12. When oral admissions as to contents of documents are relevant. Even if the owner is in possession of the property, he is holding the property as a trustee on behalf of the person from whom money is taken.

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Butterworths Police & Criminal Evidence ACT Cases

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A countertrend has appeared, however; there is increasing judicial scrutiny of juvenile court proceedings. Will the appellate court be limited in its review to matters of law? Criminal defense lawyers explain 'special circumstances' in California commission of a. The prosecution based its case on several points: o The victim identified Snyder as a person who lived across the street from her. o Police found red shorts in Snyder's house similar to those worn by the assailant. o Standard blood typing showed Snyder and the assailant were type A secretors. o Snyder's alibi, that he was at home sleeping during the time of the assault, was corroborated only by his mother.

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Science in Court (Issues in Law and Society)

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The length of delay between offences and the complaint Thus. It must be assumed then that such assertions do not constitute hearsay and should be admissible under s.8(2) as original evidence. Article 72 Interrogation must be conducted within 24 hours after the arrest, by a People's Court or People's Procuratorate with respect to a person it has decided to arrest, and by a public security organ with respect to a person it has arrested with the approval of the People's Procuratorate.

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Texas and Federal Evidence Rules With Commentary 2007-2008

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To use Dostoyevsky's example, no hope of good consequences can justify society's murdering a single innocent child. 81 Kant would agree that society cannot knowingly facilitate the punishment of those who do not deserve it, even if they agree to it. 82 Second, society must not consciously promote guilty and nolo contendere pleas by innocent defendants. At DDSG criminal lawyers you will be helped by experienced criminal lawyers in a professional, honest, confidential and affordable manner.

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Daniel's Georgia Handbook on Criminal Evidence, 2010 ed.

Judge John Goger

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Hair lodged in an object should be left in, and the entire object should be taken as evidence. The defence should be reminded that the convictions may be used only for the purposes of the case and use in any other way may result in a contempt of court: (Taylor v the Director of the Serious Fraud Office [1998] 3 W. Lawyers should not ask closed-ended questions on direct examination, because closed-ended questions elicit from witnesses only short answers, such as “Yes,” “No,” or “I don’t know.” It is, however, not enough for the lawyer to simply ask, “Do you confirm your statement you gave to the prosecutor?” Such questions do not permit the judge to assess the witness’s credibility from the manner in which they testify.

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Washington Evidence Courtroom Manual

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This is sometimes referred to as the ‘rule against narrative’ or the ‘rule against self-serving statements’. Opinions of experts 47.—(2) An expert is a person with such scientific, technical or other specialized knowledge based on training, study or experience. The Court held that the 6th Amendment had not attached to the latter crimes at the time of the interrogation, although it applied to the armed robbery. v Today final of confession law. It does not include an operation authorized by the Security Council as an enforcement action under Chapter VII of the Charter of the United Nations in which any of the personnel are engaged as combatants against organized armed forces and to which the law of international armed conflict applies; (opération des Nations Unies) (a) persons who are engaged or deployed by the Secretary-General of the United Nations as members of the military, police or civilian components of a United Nations operation, or (b) any other officials or experts who are on mission of the United Nations or one of its specialized agencies or the International Atomic Energy Agency and who are present in an official capacity in the area where a United Nations operation is conducted; (personnel des Nations Unies) means a mineral of a value of at least $100 per kilogram, and includes precious metals, diamonds and other gemstones and any rock or ore that contains those minerals; (minéraux précieux) (i) to a share or interest in a public stock or fund or in any fund of a body corporate, company or society, or (ii) to a deposit in a financial institution, (b) any debenture, deed, bond, bill, note, warrant, order or other security for money or for payment of money, (c) a document of title to lands or goods wherever situated, (d) a stamp or writing that secures or evidences title to or an interest in a chattel personal, or that evidences delivery of a chattel personal, and (e) a release, receipt, discharge or other instrument evidencing payment of money; (valeur ou effet appréciable) means a person against whom an offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as the result of the commission or alleged commission of the offence and includes, for the purposes of sections 672.5, 722 and 745.63, a person who has suffered physical or emotional harm, property damage or economic loss as the result of the commission of an offence against any other person. (victime) (a) in causing death or injury to any person, or and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will; (arme) includes the cargo, stores and tackle of a vessel and all parts of a vessel separated from the vessel, and the property of persons who belong to, are on board or have quitted a vessel that is wrecked, stranded or in distress at any place in Canada; (épave) includes a document of any kind and any mode in which, and any material on which, words or figures, whether at length or abridged, are written, printed or otherwise expressed, or a map or plan is inscribed. (écrit) when used in relation to those words and expressions, have the same meaning as in subsection 84(1). 2.2 (1) For the purposes of sections 606, 672.5, 722, 737.1 and 745.63, any of the following individuals may act on the victim’s behalf if the victim is dead or incapable of acting on their own behalf: (a) the victim’s spouse, or if the victim is dead, their spouse at the time of death; (b) the victim’s common-law partner, or if the victim is dead, their common-law partner at the time of death; (c) a relative or dependant of the victim; (d) an individual who has in law or fact custody, or is responsible for the care or support, of the victim; and (e) an individual who has in law or fact custody, or is responsible for the care or support, of a dependant of the victim. (2) An individual is not entitled to act on a victim’s behalf if the individual is an accused in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not criminally responsible on account of mental disorder or unfit to stand trial in respect of that offence. 3 Where, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parenthesis that are or purport to be descriptive of the subject-matter of the provision referred to, the words in parenthesis form no part of the provision in which they occur but shall be deemed to have been inserted for convenience of reference only. 3.1 Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing. 4 (1) For the purposes of this Act, a postal card or stamp referred to in paragraph (c) of the definition in section 2 shall be deemed to be a chattel and to be equal in value to the amount of the postage, rate or duty expressed on its face. (2) For the purposes of this Act, the following rules apply for the purpose of determining the value of a valuable security where value is material: in section 2, the value is the value of the share, interest, deposit or unpaid money, as the case may be, that is secured by the valuable security; in section 2, the value is the value of the lands, goods, chattel personal or interest in the chattel personal, as the case may be; and in section 2, the value is the amount of money that has been paid. (3) For the purposes of this Act, (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by him, for the use or benefit of himself or of another person; and (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in his custody or possession, it shall be deemed to be in the custody and possession of each and all of them. (4) Where an offence that is dealt with in this Act relates to a subject that is dealt with in another Act, the words and expressions used in this Act with respect to that offence have, subject to this Act, the meaning assigned to them in that other Act. (5) For the purposes of this Act, sexual intercourse is complete on penetration to even the slightest degree, notwithstanding that seed is not emitted. (6) For the purposes of this Act, the service of any document and the giving or sending of any notice may be proved (a) by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served, given or sent it; or (b) in the case of a peace officer, by a statement in writing certifying that the document was served or the notice was given or sent by the peace officer, and such a statement is deemed to be a statement made under oath. (6.1) Despite subsection (6), the service of documents may be proved in accordance with the laws of a province relating to offences created by the laws of that province. (7) Despite subsection (6) or (6.1), the court may require the person who appears to have signed an affidavit, a solemn declaration or a statement in accordance with that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service or of the giving or sending of any notice. (8) For greater certainty, for the purposes of this Act, if the elements of an offence contain an explicit or implicit element of communication without specifying the means of communication, the communication may also be made by a means of telecommunication. 5 Nothing in this Act affects any law relating to the government of the Canadian Forces. 6 (1) Where an enactment creates an offence and authorizes a punishment to be imposed in respect of that offence, (a) a person shall be deemed not to be guilty of the offence until he is convicted or discharged under section 730 of the offence; and (b) a person who is convicted or discharged under section 730 of the offence is not liable to any punishment in respect thereof other than the punishment prescribed by this Act or by the enactment that creates the offence. (2) Subject to this Act or any other Act of Parliament, no person shall be convicted or discharged under section 730 of an offence committed outside Canada. (a) the time at which any such door is opened for the purpose of disembarkation, and (b) where the aircraft makes a forced landing in circumstances in which the owner or operator thereof or a person acting on behalf of either of them is not in control of the aircraft, the time at which control of the aircraft is restored to the owner or operator thereof or a person acting on behalf of either of them. (a) the flight is cancelled before the aircraft is in flight, (b) twenty-four hours after the aircraft, having commenced the flight, lands, or (c) the aircraft, having commenced the flight, ceases to be in flight, (10) In any proceedings under this Act, a certificate purporting to have been issued by or under the authority of the Minister of Foreign Affairs is admissible in evidence without proof of the signature or authority of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the facts it states that are relevant to the question of whether any person is a member of United Nations personnel, a member of associated personnel or a person who is entitled under international law to protection from attack or threat of attack against his or her person, freedom or dignity. (a) that at a certain time any state was engaged in an armed conflict against Canada or was allied with Canada in an armed conflict, (b) that at a certain time any convention, treaty or other international agreement was or was not in force and that Canada was or was not a party thereto, or (c) that Canada agreed or did not agree to accept and apply the provisions of any convention, treaty or other international agreement in an armed conflict in which Canada was involved, is admissible in evidence in any proceedings without proof of the signature or authority of the person appearing to have issued it, and is proof of the facts so stated. (2) The criminal law of England that was in force in a province immediately before April 1, 1955 continues in force in the province except as altered, varied, modified or affected by this Act or any other Act of the Parliament of Canada. (3) Every rule and principle of the common law that renders any circumstance a justification or excuse for an act or a defence to a charge continues in force and applies in respect of proceedings for an offence under this Act or any other Act of Parliament except in so far as they are altered by or are inconsistent with this Act or any other Act of Parliament. 9 Notwithstanding anything in this Act or any other Act, no person shall be convicted or discharged under section 730 (a) of an offence at common law, (b) of an offence under an Act of the Parliament of England, or of Great Britain, or of the United Kingdom of Great Britain and Ireland, or (c) of an offence under an Act or ordinance in force in any province, territory or place before that province, territory or place became a province of Canada, but nothing in this section affects the power, jurisdiction or authority that a court, judge, justice or provincial court judge had, immediately before April 1, 1955, to impose punishment for contempt of court. 10 (1) Where a court, judge, justice or provincial court judge summarily convicts a person for a contempt of court committed in the face of the court and imposes punishment in respect thereof, that person may appeal (b) against the punishment imposed. (2) Where a court or judge summarily convicts a person for a contempt of court not committed in the face of the court and punishment is imposed in respect thereof, that person may appeal (b) against the punishment imposed. (3) An appeal under this section lies to the court of appeal of the province in which the proceedings take place, and, for the purposes of this section, the provisions of Part XXI apply, with such modifications as the circumstances require. 11 No civil remedy for an act or omission is suspended or affected by reason that the act or omission is a criminal offence. 12 Where an act or omission is an offence under more than one Act of Parliament, whether punishable by indictment or on summary conviction, a person who does the act or makes the omission is, unless a contrary intention appears, subject to proceedings under any of those Acts, but is not liable to be punished more than once for the same offence. 13 No person shall be convicted of an offence in respect of an act or omission on his part while that person was under the age of twelve years. 14 No person is entitled to consent to have death inflicted on them, and such consent does not affect the criminal responsibility of any person who inflicts death on the person who gave consent. 15 No person shall be convicted of an offence in respect of an act or omission in obedience to the laws for the time being made and enforced by persons in de facto possession of the sovereign power in and over the place where the act or omission occurs. 16 (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue. 17 A person who commits an offence under compulsion by threats of immediate death or bodily harm from a person who is present when the offence is committed is excused for committing the offence if the person believes that the threats will be carried out and if the person is not a party to a conspiracy or association whereby the person is subject to compulsion, but this section does not apply where the offence that is committed is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm, arson or an offence under sections 280 to 283 (abduction and detention of young persons). 18 No presumption arises that a married person who commits an offence does so under compulsion by reason only that the offence is committed in the presence of the spouse of that married person. 19 Ignorance of the law by a person who commits an offence is not an excuse for committing that offence. 20 A warrant or summons that is authorized by this Act or an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI, XXI or XXVII may be issued, executed, given or entered into, as the case may be, on a holiday. (b) does or omits to do anything for the purpose of aiding any person to commit it; or (c) abets any person in committing it. (2) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to that offence. 22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counselled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counselled. (2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counselling that the person who counselled knew or ought to have known was likely to be committed in consequence of the counselling. 22.1 In respect of an offence that requires the prosecution to prove negligence, an organization is a party to the offence if (i) one of its representatives is a party to the offence, or (ii) two or more of its representatives engage in conduct, whether by act or omission, such that, if it had been the conduct of only one representative, that representative would have been a party to the offence; and (b) the senior officer who is responsible for the aspect of the organization’s activities that is relevant to the offence departs — or the senior officers, collectively, depart — markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence. 22.2 In respect of an offence that requires the prosecution to prove fault — other than negligence — an organization is a party to the offence if, with the intent at least in part to benefit the organization, one of its senior officers (a) acting within the scope of their authority, is a party to the offence; (b) having the mental state required to be a party to the offence and acting within the scope of their authority, directs the work of other representatives of the organization so that they do the act or make the omission specified in the offence; or (c) knowing that a representative of the organization is or is about to be a party to the offence, does not take all reasonable measures to stop them from being a party to the offence. 23 (1) An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts or assists that person for the purpose of enabling that person to escape. 23.1 For greater certainty, sections 21 to 23 apply in respect of an accused notwithstanding the fact that the person whom the accused aids or abets, counsels or procures or receives, comforts or assists cannot be convicted of the offence. 24 (1) Every one who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence whether or not it was possible under the circumstances to commit the offence. (2) The question whether an act or omission by a person who has an intent to commit an offence is or is not mere preparation to commit the offence, and too remote to constitute an attempt to commit the offence, is a question of law. (a) as a private person, (b) as a peace officer or public officer, (c) in aid of a peace officer or public officer, or (d) by virtue of his office, is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose. (2) Where a person is required or authorized by law to execute a process or to carry out a sentence, that person or any person who assists him is, if that person acts in good faith, justified in executing the process or in carrying out the sentence notwithstanding that the process or sentence is defective or that it was issued or imposed without jurisdiction or in excess of jurisdiction. (3) Subject to subsections (4) and (5), a person is not justified for the purposes of subsection (1) in using force that is intended or is likely to cause death or grievous bodily harm unless the person believes on reasonable grounds that it is necessary for the self-preservation of the person or the preservation of any one under that person’s protection from death or grievous bodily harm. (4) A peace officer, and every person lawfully assisting the peace officer, is justified in using force that is intended or is likely to cause death or grievous bodily harm to a person to be arrested, if (a) the peace officer is proceeding lawfully to arrest, with or without warrant, the person to be arrested; (b) the offence for which the person is to be arrested is one for which that person may be arrested without warrant; (c) the person to be arrested takes flight to avoid arrest; (d) the peace officer or other person using the force believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer, the person lawfully assisting the peace officer or any other person from imminent or future death or grievous bodily harm; and (e) the flight cannot be prevented by reasonable means in a less violent manner. (a) the peace officer believes on reasonable grounds that any of the inmates of the penitentiary poses a threat of death or grievous bodily harm to the peace officer or any other person; and (b) the escape cannot be prevented by reasonable means in a less violent manner. or of the regulations made under it. 25.2 Every public officer who commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9) (a) or (b) shall, as soon as is feasible after the commission of the act or omission, file a written report with the appropriate senior official describing the act or omission. 25.3 (1) Every competent authority shall publish or otherwise make available to the public an annual report for the previous year that includes, in respect of public officers and senior officials designated by the competent authority, (a) the number of designations made under subsection 25.1(6) by the senior officials; (b) the number of authorizations made under paragraph 25.1(9) (a) by the senior officials; (c) the number of times that acts and omissions were committed in accordance with paragraph 25.1(9) (b) by the public officers; (d) the nature of the conduct being investigated when the designations referred to in paragraph (a) or the authorizations referred to in paragraph (b) were made or when the acts or omissions referred to in paragraph (c) were committed; and (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament; (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer; (c) endanger the life or safety of any person; (d) prejudice a legal proceeding; or (e) otherwise be contrary to the public interest. 25.4 (1) When a public officer commits an act or omission — or directs the commission by another person of an act or omission — under paragraph 25.1(9) (a) or (b), the senior official with whom the public officer files a written report under section 25.2 shall, as soon as is feasible after the report is filed, and no later than one year after the commission of the act or omission, notify in writing any person whose property was lost or seriously damaged as a result of the act or omission. (a) compromise or hinder an ongoing investigation of an offence under an Act of Parliament; (b) compromise the identity of a public officer acting in an undercover capacity, of a confidential informant or of a person acting covertly under the direction and control of a public officer; (c) endanger the life or safety of any person; (d) prejudice a legal proceeding; or (e) otherwise be contrary to the public interest. 26 Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess. (i) for which, if it were committed, the person who committed it might be arrested without warrant, and (ii) that would be likely to cause immediate and serious injury to the person or property of anyone; or (b) to prevent anything being done that, on reasonable grounds, he believes would, if it were done, be an offence mentioned in paragraph (a). 27.1 (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein. in flight outside Canadian airspace. 28 (1) Where a person who is authorized to execute a warrant to arrest believes, in good faith and on reasonable grounds, that the person whom he arrests is the person named in the warrant, he is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant. (2) Where a person is authorized to execute a warrant to arrest, (a) every one who, being called on to assist him, believes that the person in whose arrest he is called on to assist is the person named in the warrant, and (b) every keeper of a prison who is required to receive and detain a person who he believes has been arrested under the warrant, is protected from criminal responsibility in respect thereof to the same extent as if that person were the person named in the warrant. 29 (1) It is the duty of every one who executes a process or warrant to have it with him, where it is feasible to do so, and to produce it when requested to do so. (2) It is the duty of every one who arrests a person, whether with or without a warrant, to give notice to that person, where it is feasible to do so, of (a) the process or warrant under which he makes the arrest; or (b) the reason for the arrest. (3) Failure to comply with subsection (1) or (2) does not of itself deprive a person who executes a process or warrant, or a person who makes an arrest, or those who assist them, of protection from criminal responsibility. 30 Every one who witnesses a breach of the peace is justified in interfering to prevent the continuance or renewal thereof and may detain any person who commits or is about to join in or to renew the breach of the peace, for the purpose of giving him into the custody of a peace officer, if he uses no more force than is reasonably necessary to prevent the continuance or renewal of the breach of the peace or than is reasonably proportioned to the danger to be apprehended from the continuance or renewal of the breach of the peace. 31 (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace. (2) Every peace officer is justified in receiving into custody any person who is given into his charge as having been a party to a breach of the peace by one who has, or who on reasonable grounds the peace officer believes has, witnessed the breach of the peace. 32 (1) Every peace officer is justified in using or in ordering the use of as much force as the peace officer believes, in good faith and on reasonable grounds, (a) is necessary to suppress a riot; and (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot. (2) Every one who is bound by military law to obey the command of his superior officer is justified in obeying any command given by his superior officer for the suppression of a riot unless the order is manifestly unlawful. (a) he acts in good faith; and (b) the order is not manifestly unlawful. (4) Every one who, in good faith and on reasonable grounds, believes that serious mischief will result from a riot before it is possible to secure the attendance of a peace officer is justified in using as much force as he believes in good faith and on reasonable grounds, (a) is necessary to suppress the riot; and (b) is not excessive, having regard to the danger to be apprehended from the continuance of the riot. (5) For the purposes of this section, the question whether an order is manifestly unlawful or not is a question of law. 33 (1) Where the proclamation referred to in section 67 has been made or an offence against paragraph 68 (a) or (b) has been committed, it is the duty of a peace officer and of a person who is lawfully required by him to assist, to disperse or to arrest persons who do not comply with the proclamation. (3) Nothing in this section limits or affects any powers, duties or functions that are conferred or imposed by this Act with respect to the suppression of riots. 33.1 (1) It is not a defence to an offence referred to in subsection (3) that the accused, by reason of self-induced intoxication, lacked the general intent or the voluntariness required to commit the offence, where the accused departed markedly from the standard of care as described in subsection (2). (2) For the purposes of this section, a person departs markedly from the standard of reasonable care generally recognized in Canadian society and is thereby criminally at fault where the person, while in a state of self-induced intoxication that renders the person unaware of, or incapable of consciously controlling, their behaviour, voluntarily or involuntarily interferes or threatens to interfere with the bodily integrity of another person. (3) This section applies in respect of an offence under this Act or any other Act of Parliament that includes as an element an assault or any other interference or threat of interference by a person with the bodily integrity of another person. (a) they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; (b) the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and (c) the act committed is reasonable in the circumstances. (2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors: (a) the nature of the force or threat; (b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; (c) the person’s role in the incident; (d) whether any party to the incident used or threatened to use a weapon; (e) the size, age, gender and physical capabilities of the parties to the incident; (f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat; (f.1) any history of interaction or communication between the parties to the incident; (g) the nature and proportionality of the person’s response to the use or threat of force; and (h) whether the act committed was in response to a use or threat of force that the person knew was lawful. (3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully. (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property; (i) is about to enter, is entering or has entered the property without being entitled by law to do so, (ii) is about to take the property, is doing so or has just done so, or (iii) is about to damage or destroy the property, or make it inoperative, or is doing so; (i) preventing the other person from entering the property, or removing that person from the property, or (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and (d) the act committed is reasonable in the circumstances. (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law. (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully. 43 Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances. (a) the operation is performed with reasonable care and skill; and (b) it is reasonable to perform the operation, having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case. 46 (1) Every one commits high treason who, in Canada, (a) kills or attempts to kill Her Majesty, or does her any bodily harm tending to death or destruction, maims or wounds her, or imprisons or restrains her; (b) levies war against Canada or does any act preparatory thereto; or (c) assists an enemy at war with Canada, or any armed forces against whom Canadian Forces are engaged in hostilities, whether or not a state of war exists between Canada and the country whose forces they are. (2) Every one commits treason who, in Canada, (a) uses force or violence for the purpose of overthrowing the government of Canada or a province; (b) without lawful authority, communicates or makes available to an agent of a state other than Canada, military or scientific information or any sketch, plan, model, article, note or document of a military or scientific character that he knows or ought to know may be used by that state for a purpose prejudicial to the safety or defence of Canada; (d) forms an intention to do anything that is high treason or that is mentioned in paragraph (a) and manifests that intention by an overt act; or (e) conspires with any person to do anything mentioned in paragraph (b) or forms an intention to do anything mentioned in paragraph (b) and manifests that intention by an overt act. (3) Notwithstanding subsection (1) or (2), a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada, (a) commits high treason if, while in or out of Canada, he does anything mentioned in subsection (1); or (b) commits treason if, while in or out of Canada, he does anything mentioned in subsection (2). (4) Where it is treason to conspire with any person, the act of conspiring is an overt act of treason. 47 (1) Every one who commits high treason is guilty of an indictable offence and shall be sentenced to imprisonment for life. (b) to be sentenced to imprisonment for life if he is guilty of an offence under paragraph 46(2) (b) or (e) committed while a state of war exists between Canada and another country; or (c) to be sentenced to imprisonment for a term not exceeding fourteen years if he is guilty of an offence under paragraph 46(2) (b) or (e) committed while no state of war exists between Canada and another country. (3) No person shall be convicted of high treason or treason on the evidence of only one witness, unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused. (4) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by subsection (1) is a minimum punishment. 48 (1) No proceedings for an offence of treason as defined by paragraph 46(2) (a) shall be commenced more than three years after the time when the offence is alleged to have been committed. (a) an information setting out the overt act and the words by which it was expressed or declared is laid under oath before a justice within six days after the time when the words are alleged to have been spoken; and (b) a warrant for the arrest of the accused is issued within ten days after the time when the information is laid. 49 Every one who wilfully, in the presence of Her Majesty, (a) does an act with intent to alarm Her Majesty or to break the public peace, or (b) does an act that is intended or is likely to cause bodily harm to Her Majesty, is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

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