NCJ Number
57731
Date Published
1979
Length
67 pages
Annotation
NEW, SIMPLIFIED PROVISIONS DEALING WITH THEFT, ROBBERY, FRAUD AND BLACKMAIL ARE RECOMMENDED BY THE LAW REFORM COMMISSION OF CANADA.
Abstract
SIMPLIFICATION OF PROVISIONS IS INTENDED TO RATIONALIZE PENALTIES IMPOSED UPON ANY OF THE RECOMMENDED NEW OFFENSES. PENALTIES IN TURN ARE TO BE RELATED TO OFFENSES KNOWN TO AND DEFINED BY LAW. AT PRESENT, THE PRIME DEFECT OF THEFT AND FRAUD LAW IS ITS COMPLEXITY; BASICALLY, IT WAS BUILT ON THE SIMPLE CONCEPT THAT EXPLOITIVE DISHONESTY SHOULD BE FORBIDDEN. THE NEW APPROACH TO THEFT AND FRAUD LAW IS PREMISED ON THREE CONCEPTS. FIRST, THE APPROACH CONCENTRATES ON THE BASIC PRINCIPLES AND CENTRAL NOTIONS OF THEFT AND FRAUD LAW. SECOND, INSTEAD OF TRYING TO PROVIDE FOR ALL MARGINAL CASES IT LEAVES SUCH CASES FOR DECISION BY THE TRIAL COURT OR JURY. THIRD, IT USES A SIMPLER, MORE STRAIGHTFORWARD DRAFTING STYLE THAN IS USED IN EXISTING LAW. MARGINAL CASES SHOULD BE DEALT WITH ON THEIR MERITS ACCORDING TO THE RELEVANT GENERAL PRINCIPLES OF CRIMINAL LAW. THEFT AND FRAUD ARE THUS DEFINED AS OFFENSES AGAINST PROPERTY RIGHTS. A PERSON MAY BE 'DONE OUT OF' HIS PROPERTY WITHOUT CONSENT; WITHOUT CONSENT, THROUGH FORCE OR THREAT OF IMMEDIATE VIOLENCE; WITH CONSENT OBTAINED BY THREATS OF NONIMMEDIATE HARM; AND WITH CONSENT OBTAINED BY DECEIT. THE CRIMES INCLUDE THEFT, ROBBERY, BLACKMAIL, AND FRAUD. THIS NEW APPROACH HIGHLIGHTS AND ARTICULATES THE BASIC SOCIAL VALUES, SIMPLIFIES WHILE LEAVING THE SUBSTANCE OF THE LAW UNCHANGED, AND SHORTENS EXISTING LAW FROM 30 LENGTHY SECTIONS TO 15 BRIEF PROVISIONS. THE PROPOSED DRAFT STATUTE HAS MET WITH FAVORABLE RESPONSES FROM JUDGES AND ATTORNEYS, AND ITS ADOPTION IS RECOMMENDED. TABLES AND APPENDIXES CONSISTING OF THE DRAFT STATUTE, ANNOTATED DRAFT STATUTE, AND NOTES ON THE EFFECT ON THE PRESENT CRIMINAL CODE ARE PROVIDED. (LWM)