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News and Views - Watt's Criminal Law and Evidence Newsletter

Justice David Watt highlights cases that include threats of violence, dangerous offenders and treatment order


Watt's Criminal Law and Evidence Newsletter


[CL 4] — Threats of Violence as a "serious personal injury offence" A threat of violence sufficient to support a conviction of robbery under s. 343(a) constitutes the use of violence against another person within subparagraph (a)(i) of the definition of a "serious personal injury offence" in s. 752: R. v. Steele (October 9, 2014), Doc. 35364, 2014 CarswellMan 589, 2014 CarswellMan 590 (S.C.C.)

See, Tremeear's Annotated Criminal Code, Criminal Code, s. 752, "serious personal injury offence".

[CL 5] — Gladue and Dangerous Offenders Gladue factors have no impact on the question of whether D falls within the definition of a dangerous offender under s. 753(1)(a) of the Criminal Code: R. v. Peekeekoot (September 23, 2014), Doc. 1796-CR, 2014 CarswellSask 579 (Sask. C.A.)

See, Tremeear's Annotated Criminal Code, Criminal Code, s. 753, "General Principles (Dangerous Offenders)".

[CL 6] — Timing and Treatment Orders The timing of a treatment order for an unfit accused is an element of the hospital's consent. This is so because, from the hospital's perspective, the time at which treatment is to be provided is inextricably linked to the hospital's ability to provide treatment safely and effectively. Consent under s. 672.62(1) includes timing: R. v. Conception (October 3, 2014), Doc. 34930, 2014 CarswellOnt 13608, 2014 CarswellOnt 13609 (S.C.C.)

See, Tremeear's Annotated Criminal Code, Criminal Code, s. 672.58, "General Principles"; s. 672.62.

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