Winston Campbell owns a MacBook Air. His brother, Frank, had a computer crash and desperately needed a
Question:
Winston Campbell owns a MacBook Air. His brother, Frank, had a computer crash and desperately needed a computer to attend his college class in Canadian Criminal Justice. On Tuesday, January 19, 2021, Frank went into his brother's room and borrowed his MacBook Air for class after asking for permission. When Frank opened the computer, there was an open file with photographs of a young prepubescent girl performing fellatio on a man who appeared to be at least 25 years of age. Frank scrolled through the pictures and found more than 100 similar photos of different young girls engaged in a variety of sexual activities with unknown adult males.
Shocked, Frank spoke with his parents, who called the police, who attended the house and took custody of Winston's computer immediately. They later obtained a warrant to look at the content.
Police could not locate Winston and applied for a warrant for Winston's arrest. Winston was later arrested after a vehicle stopped the next day. He was searched and a cell phone was in his possession.
Police identified two of the young girls in the photographs after a lengthy investigation, including having to view the videos. They also found evidence related to the offence on his cellphone.
Victims: Joy Stephens, DOB: 12 Feb 2014 Starr Neper, DOB: 27 Aug 2013 Witness: Frank Campbell, DOB: 14 Mar 2002 Tombstone data: Winston Campbell DOB: 01 Jun 2000 Address: 27 Watson Dr, London N6R 4Z3 Phone: 519-320-7315
This assignment will allow you, as the investigators, to take an occurrence from a report of an incident through the investigation, arrest, charge, court, conviction and sentencing, following the system of justice experienced by an offender. Part 1 - Executive Summary of your scenario. It is suggested you add fictional details to support your assignment. However, please keep them realistic. Part 2 - The Charge - Identify the offence based on the scenario. 1. Locate all the possible criminal charges in the Criminal Code and list them using the correct format. i.e. Section 45(1)(b) CC 2. Choose the most appropriate charge(s) - the offence for which you have the most evidence and can prove all the facts. 3. Write out the Criminal Code section that applies, omitting the parts of the section that do not apply. 4. Make sure you explain why you chose this charge. (Write out the Facts in the Issue) Part 3 - The Arrest and Evidence 1. Identify the classification of the offence and act as the Crown deciding which way you will proceed. 2. Based on the classification of the offence, what is the punishment for a guilty verdict?2 3. Identify the specific section that allows the authority to arrest in this scenario. (Section and wording) 4. Identify all the protections (including section numbers) for the accused under the Constitution and what precautions the investigating officers must take to ensure that the rights of the accused are not infringed. (Charter of Rights and Freedoms Section 7-14 CH) 5. Describe what physical and documentary evidence you might need to bring to court as the investigating officer. Part 4 - FACT IN ISSUE Create an evidence chart indicating the Facts in Issue must be proven, what evidence you have that proves the facts in issue, and who can introduce that evidence in court. Part 5 - Case Law Provide an executive summary of Case Law (current) that supports your case, which assists a judge to understand the interpretation of the law and follow precedent. (Stare decisis) Part 6 - The Court and Sentencing 1. Identify which court will hear this case. 2. Identify the options the accused has for the trial process. Which do you choose and why? Even if you do not choose to hold a jury trial, explain the procedure for selecting the jurors. 3. What things do you think the judge should take into consideration when making their decision as to sentence? (Consider Sentencing /Disposition Considerations: Textbook Thinking about Canadian Criminal Justice in Canada 4. What do you think the sentence should be, and why? Fact In Issue Evidence Who will testify in court? Identity John DAVIDSON was observed by the witness committing the assault. Police identified DAVIDSON comparing his likeness to his Driver's Licence. The victim will testify to the identity of the accused. Police Officer for the identification of the accused.3
Part 7 - News Story Find a case in the news that is like your situation and provide a thorough case summary. Include Who, What, Why, Where and When.