Question: You don't need to do 4. HYBRID OFFENCES Section 269 of the Criminal Code states that any person who unlawfully causes bodily harm to any

You don't need to do 4.

HYBRID OFFENCES Section 269 of the Criminal Code states that any person who unlawfully causes bodily harm to any person is guilty of a) an indictable offence and liable to imprisonment for a term not exceeding 10 years; or b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding 18 months. Jonathan Jones is 19 years old. He graduated from high school last year and now works part time in a local reStaurant as a waiter. He also attends community college part time where he is studying computer graphics. Jonathan has never been in trouble with the law before. On November 24, Jonathan was at a party with his girlfriend, Sarah. Also at the party was Sam Smith. Jonathan and Sam have a long history of disliking each other. They have known each other since they were in Grade 1, and they have had previous incidents of verbal arguments, and even a few fiscghts. Their problems never escalated into criminal charges, although both boys have been suspended from school on a few occasions for ghting with each other. During the party, Sam tried several times to talk to jonathan's girlfriend and to dance with her. Jonathan went up to Sam and told him to stay away from his girlfriend. Sam initially walked away and went to talk to someone else. However, Sam was soon after trying to talk to Jonathan's girlfriend again. Jonathan again went to Sam and warned him to stay away from his girlfriend. This time Sam refused. Jonathan got really angry and punched Sam in the face. As a result of the punch, Sam's nose was broken. Sam called the police, and Jonathan was charged with assault causing bodily harm. You and your group are the Crown attorney assigned to this case. You must decide whether to proceed with the charges against Jonathan as an indictable or summary conviction offence. Answer the following questions to help determine how you should proceed. Questions 1. What factors are in favour of proceeding as a summary conviction offence? In other words, what factors would indicate that this offence should proceed as a less serious offence with a lesser penalty? 2. What factors are in favour of proceeding as an indictable offence? In other words, why might you want to proceed as a more serious criminal offence? 3. How would you decide to proceed in this case? Explain why you gave greater consideration to some factors over others. 4. Compare your group's decision with another group. Do you agree or disagree? How do you explain the similarities or differences in making your decisions
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