Cake Criminal Defence

Scared to Death of Scaring to Death

I know there are a lot of people who enjoy a good scare on Halloween but, as you put on your ghoulish mask or gory makeup, take note that you could frighten your way right into a jail cell.

It is illegal to scare someone to death. Section 222 of the Criminal Code opens the door for either a murder or manslaughter charge when one person causes the death of a child or sick person by wilfully frightening them to death. This isn’t just reserved for the scary holidays like Easter (come on, that huge walking bunny doesn’t seem super scary to anyone else?) or Halloween. Frightening can take many forms, from crazed fake chainsaw-wielding teens at the local Halloween corn maze, to jumping out of fake mailboxes or garbage cans for the latest YouTube prank. If you are wilfully trying to scare someone and that someone has a pacemaker or a predisposition completely unbeknownst to you, the results of your actions could lead to criminal charges. You are assumed to “take your victim as you find them” meaning that you don’t have to know about their weak heart or other health factors that may make them more susceptible to being scared to death.

Cases on frightening someone to death are few and far between and I imagine it is a rarely used section of the Criminal Code. The fact that it is on the books means that it can be used against you. There is no doubt that, should a charge like this be laid, the trial would be a complicated one given the various elements of the offence that the Crown would need to prove beyond a reasonable doubt. It would no doubt be an interesting one and so if you or anyone you know has ever been charged with scaring someone to death, the team at CCD Law is here to help. Call us for this or any other criminal offence, we defend!

Officer, I'd Like to Phone a Friend

If you are arrested or even detained by the police, you need to call a lawyer. It is your right and it is imperative that you exercise that right. Don’t know the name of the lawyer? That’s okay, you can phone someone else to help you out. You don’t just get one phone call.

The Supreme Court of Canada affirmed an Ontario Court of Appeal decision earlier this month that overturned a previous trial court’s decision where that trial court failed to exclude a statement given to police by the accused during a murder investigation. During an interrogation, there are things the police can do and things they cannot do. They can lie to you. It is for this reason that, before talking to the police, the importance of speaking to a lawyer cannot be overstated. A lawyer can be your lifeline. Like Who Wants To Be A Millionaire, you have the right to phone a friend if that friend can assist with finding a lawyer. If you have forgotten my name, hopefully your friend hasn’t. The police must provide you the opportunity to diligently access your lawyer’s contact information. You get more than one phone call. Situations can arise allowing for another phone call to the lawyer despite having already spoken to them. There are times when your right to counsel is not satisfied simply because you have already spoken to one.

The police are expected to play by the rules of the game, but it cannot be assumed that they will. Further, it cannot be assumed that everyone arrested will know all the rules of the game they are now playing. Having access to a lawyer is critical to understanding what you ought to do and what you ought not to do. While it’s best to save my number in your cell phone, if you forget it you have the right to call someone who can help you get it. It is 519-381-5298 and is available at www.cakecriminaldefence.com. When you are detained or arrested by the police it is the only number that you need. Call the team at CCD Law. We defend!

Drunkenness Still Won't Save You

I have heard a lot of talk about this recent Supreme Court decision and have wanted to say something for a while but figured everyone was too busy watching the Oscar worthy performances in the Jonny Depp trial to give a hoot about what I had to say. Of course, I appreciate that some people may not give a hoot for other reasons as well. Nonetheless, my friends are talking about this so now I am too.

Recently, our Supreme Court released three decisions on the same day, all dealing with the defence of intoxication. The Court struck down the provision in the Criminal Code that barred self-induced extreme intoxication as a defense to certain crimes, including sexual assault. Contrary to what certain public interest groups are saying on social media, this does not mean that you are now allowed to get drunk and rape-y. Drunkenness does not excuse unwanted sexual contact. What the Supreme Court does allow is another route for an accused individual to provide a full answer and defence to the charge(s) against them. It allows an accused to take full advantage of the defences provided for in the Criminal Code.

What needs to be understood is that there is a rather large difference between drunkenness and extreme self-induced intoxication. The former is what you get after a Friday night softball game. The latter requires expert evidence to show automatism, the lack of control of oneself to the point where the individual in question is essentially “zombified”. The bar is high. That is not a challenge to head to the LCBO and stock up to see if that level of intoxication with death or at least passing out can be achieved but rather a tidbit of information to ground the reader in the reality of the situation. The use of this defence will be rare and even more rare will be it’s success. Just because the defence is available does not mean it will be successful. The Supreme Court decided to allow the defence because no accused ought to be denied an avenue of defence however, the availability of the defence does not guarantee that the road won’t be closed when you get to the end.

Eliminating the ban on the use of extreme intoxication as a defence to sexual assault will not silence the abused. This will not derail the runaway train that is the movement. This will not amplify the Depp verdict and shift the balance of power. Fun fact, in recent times the Supreme Court has ruled against the accused in the last 34 sexual assault cases straight. To some it would appear that the balance has already shifted.

If you have been charged with a criminal offence of any kind, the team at CCD Law is ready to apply the facts of your case to all available defences and fight the fight that needs to be fought. At Cake Criminal Defence, we defend! Call us today.