Three main types of criminal offences in Canada

There are three main types of criminal offences in British Columbia. They are [1] purely simple conviction, [2] purely prosecutable crimes, and [3] mixed offsets.

These three types of offsets are specified in the Canadian Criminal Code.

Purely simple conviction

The list of summary convictions is set out in article 553 of the Criminal Code. These are the minimum costs compared to accusable and hybrid offsets. Examples include theft [less than $5,000] and mischief costs.

Purely indictable offence

The alleged offset is the most serious criminal offence. These fines are set out in section 469 of the Criminal Code. Examples of indicted crimes include murder and treason.

Mixed crime

The mixture is all those not included in section 553 or 469 of the Criminal Code. Most criminal offences in Canada are mixed crimes.

The meaning of mixed crime is that the plaintiff can choose whether to classify the oath as a simple conviction or not. How the charges are classified determines how the charges are handled through the criminal court system.

Process: brief conviction and public prosecution

The two main differences are [1] the maximum penalty and [2] the court procedure.

When prosecutors can choose [ie, mix crimes], the maximum penalty for summary conviction is often less severe than the classification of the indicted.

For example, a damaged driving fee [also known as a damaged driver] is a mixed crime and the claimant can choose to sue immediately or through prosecution. As a chargeable offence, the maximum penalty is 5 years imprisonment; as a simple conviction, the maximum penalty is 18 months.

Another difference is the court process.

In British Columbia, criminal cases in provincial courts and the Supreme Court were handled and heard. All trials in the provincial courts are heard by the judges alone, and the trials of the Supreme Court can be heard by judges or judges and juries.

Pure summary conviction offset from

 [The ones listed in Article 553 of the Criminal Code] are only dealt with and heard in provincial courts. This means that the defendant cannot choose a jury or preliminary investigation.

If the allegation is a mixed crime and the prosecutor classifies it as indictable, the accused may choose whether to handle and hear the case in the provincial or supreme court.

The main difference from the Supreme Court is the jury and the choice of the preliminary investigation [pre-trial hearings, the prosecutor provides evidence to the court to determine if there is sufficient evidence to continue against the accused].

If the plaintiff chooses to classify and deal with the prosecution [the crime that can be prosecuted], the defendant chooses to be heard by the provincial or supreme court alone by the judge or judge and the jury.

Purely accusable offset from

 [The ones listed in Article 469 of the Criminal Code] are only processed and heard in the Supreme Court. The default mode of trial is the judge and the jury; however, if the accused and the prosecutor agree, the judge can be tried separately.

This lists three criminal offences in British Columbia.

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