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The long arm of the criminal law routinely reaches beyond the specialized files of criminal practitioners, requiring every lawyer to have a working understanding of this important field of law. Whether a client seeks basic explanation with respect to a drinking and driving charge, a family law negotiation witnesses an abduction by a non-custodial parent, or a corporate transaction is potentially impacted by proceeds of crime provisions, non-criminal lawyers require an effective resource to provide the necessary context and a clear narrative of the relevant law.
Newly revised and thoroughly updated, Halsbury’s
Criminal Offences and Defences (2012 Reissue) is that resource. It sets out the law governing criminal offences in Canada, as codified by the
Criminal Code of Canada, and the various technical and substantive defences that are available to an accused, either in the
Criminal Code or through the operation of common law. Topics covered include:
- Threshold and framework issues
- Elements of crime
- Criminal Code – history and interpretation
- Constitutional validity
- Who can prosecute a criminal offence
- Who can be held criminally liable
- Territorial jurisdiction
- Common law offences
- Criminal Code offences
- Wire-tapping and interception of communications
- Impaired driving and refusal to provide breath or blood samples
- Sexual assault, obscenity and child pornography
- Prostitution and public indecency
- Gaming and betting
- Criminal negligence
- Criminal libel and hate propaganda
- Terrorism
- Public order offences
- Murder, manslaughter, assault and crimes of violence
- Criminal negligence and recklessness
- Offences in respect of property
- Firearms and weapons
- Proceeds of crime
- Special issues
- Parties to offences
- Conspiracy offences
- Organized crime
- Misleading or subverting justice
- Common law defences
- Burden of proof
- Process-oriented defences
- Common law substantive defences
- Substantive defences under the code
- Self-induced intoxication
- Mental disorder
- Self-defence
- Defence of property
- Other defences
- Powers of arrest and enforcement
- Arrest with or without warrant
- Duty of peace officer following apprehension or arrest
- Other warrantless powers
- Liabilities and protections of peace officers
- Offences committed against or involving peace officers
- Failure to appear
Special Features
- Enhanced contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations – an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources – setting out selected texts, articles, and other secondary sources pertaining to the subject that the reader may find to be relevant and helpful
- Glossary of definitions – identifying words and phrases defined in legislation governing testate and intestate succession, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions
Plus
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
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