What is an Indictable Offence?
In Ontario, the definition of indictable offence in Canada is a serious criminal offence that is typically prosecuted through formal court proceedings, usually involving a trial by judge and jury. Indictable offences are considered more severe than summary offences, which are less serious and may be prosecuted through simpler court procedures.
Examples of an Indictable Offence
Indictable offences often carry more severe penalties upon conviction, including longer prison sentences and larger fines. In some cases, the accused may have the option to elect to be tried by judge alone rather than by judge and jury for certain indictable offences. Some indictable offence examples in Ontario include:
- Murder
- Manslaughter
- Aggravated assault
- Robbery
- Drug trafficking
- Fraud over a certain amount
- Kidnapping
- Sexual assault
- Arson
- Weapons trafficking
Penalties for Indictable Offence
The penalties for indictable offences in Ontario, as in the rest of Canada, can vary depending on the nature and severity of the offence, as well as other factors such as the offender’s criminal history and mitigating or aggravating circumstances. Some of the penalties that may be imposed for indictable offences include:
Imprisonment: Offenders convicted of indictable offences may face imprisonment for a specified period of time, ranging from months to life imprisonment, depending on the seriousness of the offence. For example, murder convictions often result in life imprisonment, while other offences may carry shorter prison terms.
Fines: Offenders may be required to pay fines as part of their sentence. The amount of the fine can vary depending on the nature of the offence and other factors.
Probation: In some cases, offenders may be sentenced to probation instead of or in addition to imprisonment. During probation, offenders are required to comply with certain conditions set by the court, such as regularly reporting to a probation officer or abstaining from drugs and alcohol.
Restitution: Offenders may be ordered to pay restitution to compensate victims for any financial losses or damages resulting from the offence.
Forfeiture: In cases involving certain types of offences, such as drug trafficking or organized crime, offenders may be ordered to forfeit assets or property acquired through criminal activity.
Community Service: Offenders may be required to perform community service as part of their sentence, such as participating in volunteer work or community clean-up projects.
Prohibition Orders: Offenders may be subject to various prohibitions or restrictions, such as prohibitions on possessing firearms or other weapons, or restrictions on where they can live or travel.
Difference Between Indictable, Hybrid & Summary Offence
In Canada, criminal offences are classified into three main categories: indictable offences, hybrid offences (also known as dual procedure offences), and summary offences. Here’s a breakdown of the key differences between these categories:
Indictable Offences:
- Indictable offences are the most serious criminal offences in Canada.
- They are typically prosecuted through formal court proceedings, usually involving a trial by judge and jury.
- Convictions for indictable offences often result in more severe penalties, including longer prison sentences and larger fines.
- Examples of indictable offences include murder, manslaughter, aggravated assault, robbery, drug trafficking, and sexual assault.
Hybrid Offences (Dual Procedure Offences):
- Hybrid offences are criminal offences that can be prosecuted either summarily or by indictment, depending on the seriousness of the offence and other factors.
- The prosecutor has the discretion to choose the mode of prosecution based on factors such as the nature of the offence, the defendant’s criminal history, and the circumstances of the case.
- Less serious cases are typically prosecuted summarily, while more serious cases may be prosecuted by indictment.
- Examples of hybrid offences include theft under a certain amount, assault causing bodily harm, fraud under a certain amount, and possession of certain controlled substances.
Summary Offences:
- Summary offences are less serious criminal offences that are typically prosecuted through simpler court procedures.
- They are generally less serious in nature and carry less severe penalties compared to indictable offences.
- Summary offences are usually heard and decided by a judge alone, without a jury.
- Convictions for summary offences may result in shorter prison sentences, smaller fines, or other penalties.
- Examples of summary offences include minor assault, mischief under a certain amount, disturbing the peace, and some types of theft under a certain amount
Have You Been Charged with an Indictable Offence?
If you have been charged with an indictable offence in Canada, it’s crucial to seek legal representation. Contact a qualified criminal defence lawyer as soon as possible. Vick Hundal will provide you with essential legal advice, explain your rights, and guide you through the legal process. It’s essential to have competent legal representation to ensure your interests are protected and to build a strong defence strategy.