LAW230 Study Guide - Summer 2018, Comprehensive Midterm Notes - Summary Offence, Indictable Offence, Strafgesetzbuch
LAW230
MIDTERM EXAM
STUDY GUIDE
Fall 2018
1
POLICE FOUNDATIONS-LAW230
LECTURE 1
Criminal Code Offences
1. Obstruct Peace Officer
2. Impersonating a Peace Officer
3. Bribery
4. Obstructing Justice
5. Perjury
6. Public Mischief
7. Disobey a Court Order
Obstruct Peace Officer (129)
There are 2 ways the offence of Obstruct Peace Officer can be committed
1. Where a person gives a false name or refuses to identify himself or herself when they
are under investigation. This is found in section 129(a) of the criminal code
2. Where a person refuses to assist a police officer who has asked for help. This is found in
section 129(b) of the criminal code
The first fact in issue with this offence is that the accused has to obstruct a peace officer as
defined in section 2 of the criminal code
Elements of the offence:
• Resists or physically obstructs an officer
• It must be deliberate resistance, not just an accident (in other words-there must be
intent)
• The peace officer must be in the lawful execution of their duty at the time of the
obstruction
Executing Duty: means more than merely being on duty. Something must be investigated and
the officer must be recognizable as a peace officer
Example: 129(a)
a. It is obstruct peace officer if you mislead the police by giving them false name or refusing
to give your name if you are a suspect in an investigation
b. It is also obstruct peace officer if you conceal or destroy evidence that is part of an
investigation
Example: 129(b)
a. This would be where a person refused to assist a police officer in the lawful execution of
his duty
b. The section states that the person omits without reasonable excuse to assist a peace
officer
c. There is a defence to this charge if the person can give a reasonable excuse as to why
they did not assist the officer when asked
Impersonating a Peace Officer (130)
• Holding yourself out to be a peace officer
• Using equipment in a way that causes people to believe you are a peace officer
• That can include a badge or uniform
find more resources at oneclass.com
find more resources at oneclass.com
2
POLICE FOUNDATIONS-LAW230
• They must be pretending to be a Canadian peace officer/ police officer
Example:
• The person to right was able to obtain a York regional police number one dress uniform
and impersonated a police officer by way of social media
• Investigators with York regional police #5 district criminal investigations bureau have
identified and charged a 32 yr. old man and are seeking additional victims in an ongoing
police officer impersonation investigation
• The investigation began on Saturday, Nov 18, 2017, when York regional police received
a report that a man, posing as a York regional police officer was asking people he had
befriends on social media for money. The investigation revealed that the suspect was
posting images of police equipment and paraphernalia as well as pictures of himself in a
police uniform
Charges laid in officer impersonating investigation
Investigators were able to determine the identity of the suspect and on Wednesday December
7. 2017, he was placed under arrest in the city of Toronto. A search warrant was executed on
his residence, which is located in Scarborough. Items were seized consistent with his
impersonation of a police officer
Investigators are releasing an image that the accused had send to people on social media and
are asking anyone who may have had contact with this person to come forward. The
investigation is ongoing.
Charged
Di (Jason) Yu, 32 city of Toronto
Charges: personating peace officer x2
Bribery of Officers (120)
• This offence can be committed two ways
a. The first way is when anyone working in the justice system accepts a bribe
- Accepts or obtains
- Agrees to accept or attempts to accept
- A bribe for themselves or someone else
- The specific offence would be- accepts a bribe
b. The 2nd way is if they offer a bribe
- The bribe can be money
- Valuable consideration
- Office
- Employment with intent
Who can be bribed?
• Being a justice, police commissioner, peace officer, public or officer of a juvenile court, or
being employed in the administration of criminal law
• They directly or indirectly, corruptly accepts, obtains, agrees to accept or attempt to obtain,
for themselves or another person, any money, valuable consideration, officer, place or
employment with intent
• The purpose of the bribe is to influence an investigation or a case
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Criminal code offences: obstruct peace officer, impersonating a peace officer, bribery, obstructing justice, perjury, public mischief, disobey a court order. There are 2 ways the offence of obstruct peace officer can be committed: where a person gives a false name or refuses to identify himself or herself when they are under investigation. This is found in section 129(a) of the criminal code: where a person refuses to assist a police officer who has asked for help. This is found in section 129(b) of the criminal code. The first fact in issue with this offence is that the accused has to obstruct a peace officer as defined in section 2 of the criminal code. Elements of the offence: resists or physically obstructs an officer. It must be deliberate resistance, not just an accident (in other words-there must be intent: the peace officer must be in the lawful execution of their duty at the time of the obstruction.
