This compilation provides easy, portable access to valuable content from the respected practice manuals Canadian Criminal Code Offences and Criminal Law Evidence, Practice and Procedure used by Crown counsel, defence counsel, judges and police. The selected chapters from these manuals bring together essential information on commonly charged offences designed to assist the beginning practitioner. The procedural aspect of this book is designed to provide step-by-step guidance to evidentiary, procedural and practice topics that arise in criminal law practice.
New in this edition
Case Law Highlights
- R. v. Rowson, 2016 SCC 40 —Impaired, Over .08 & Refusal — Following a serious accident, police allowed the accused to get legal advice before conducting a breath screening. Failing to screen the suspect’s breath "as soon as practicable" constituted a technical breach of s. 8 of the Charter; but the good faith of the police in the circumstances diminished the seriousness this breach.
- R. v. Anthony-Cook, 2016 SCC 43 — Sentencing —A trial judge should not depart from a joint submission on sentence unless the sentence would bring the administration of justice into disrepute or would be otherwise contrary to the public interest.
- R. v. Saeed, 2016 SCC 24 — Arrest and Detention — On arresting a rape suspect, the police do not require judicial pre-authorization to swab the suspect’s genitals for genetic material where there are reasonable grounds to believe that the swab will reveal and preserve evidence of the sexual assault for which the accused was arrested.
- R. v. Hunter, 2016 BCCA 94 — Weapons and Firearms — To prove guilt of possessing a loaded prohibited or restricted firearm contrary to s.95, not only must the prosecution prove that the firearm contained ammunition, but also that the accused knew that it was there.
- R. v. Fenske, 2016 MBCA 117 — Impaired, Over .08 & Refusal — A police officer is not necessarily obliged to take the suspect to the nearest available instrument.
This edition also introduces new chapters on topics related to weapons and firearms offences, including definitions and background, possession offences and carrying, handling & storage.