What Are The 3 Types of Offences Under The Criminal Code Of Canada?

Under the Criminal Code of Canada, there are three kinds of offence; summary, indictable, and hybrid.

Whether you are charged with a summary or indictable offence depends on the severity of your crime and may also be affected by your criminal history. Keep reading to learn more about these offences.

Summary Offences

Summary offences are the least severe, and there are very few purely summary offences under the Criminal Code. Examples of summary offences include creating a disturbance, joyriding, and ‘dining and dashing.’

Summary offences are usually carry maximum penalties of a fine of up to $2000, six months imprisonment, or both. Some summary offences come with more severe penalties, like sexual assault, which has a maximum sentence of 18 months in prison.

An appeal in a summary case does not necessarily go to the Court of Appeal but, to the Superior Court within the jurisdiction they were charged in. Those accused of a summary offence are not entitled to a trial by jury.

Indictable Offences

Indictable offences are much more serious crimes. Examples include first and second-degree murder, kidnapping with a ransom demand, and aggravated sexual assault. 

Penalties for indictable offences vary, but the most serious penalty is life in prison. There is no limitation on indictable crimes, meaning that you can be charged at any time since the incident occurred.

Those charged with an indictable offence usually have a choice as to how they will be tried, i.e., with a preliminary hearing or without a judge and jury; however, not every type of offence allows the defendant to elect for a trial without a jury.

Hybrid Offences

Hybrid offences can be tried as either summary offences or indictable offences. Examples include assault, theft under $5000, and impaired driving. Crown prosecutor then decides whether to proceed with the case as a summary or indictable offence.

Usually, less serious offences are treated as summary offences, but not always. Instances when a less severe crime is treated as indictable include when the person charged has a criminal history or when the circumstances surrounding the offence make it more serious. As with indictable offences, penalties vary for hybrid offences.

Looking To Hire A Criminal Defence Lawyer In Richmond Hill? Contact What The Law Today!

Are you looking for a criminal defence lawyer in the Richmond Hill area? Contact What The Law to find out how we can represent you if you have been charged with any of these three offences.