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Forcible

Confinement

Forcible Confinement Charges in Canada

Forcible confinement is a serious criminal offence under the Criminal Code of Canada. A conviction for this offence can result in severe legal consequences, including imprisonment and a permanent criminal record. In this article, we will explore the legal definition of forcible confinement, potential defences, the court process, and the possible outcomes if convicted.

What is Forcible Confinement?

Under Section 279 of the Criminal Code of Canada, forcible confinement is defined as intentionally confining, imprisoning, or forcibly seizing another person without lawful authority. This means that if someone restrains or confines another person against their will, they could be charged with forcible confinement.

Allegations of forcible confinement often arise in the context of domestic disputes and may be accompanied by other charges, such as assault, sexual assault, uttering threats, or mischief. In some cases, such allegations may be raised during divorce or custody disputes, as they can potentially provide the complainant with an advantage in family law proceedings. Ryan Patmore is recognized as a leading criminal defence lawyer in cases involving sexual assault, sexual interference, and sexual exploitation. His extensive experience in handling these complex and sensitive cases across Alberta, British Columbia, and Saskatchewan makes him a trusted advocate for those facing these serious charges. With Ryan Patmore by your side, you can be confident that your defence is in capable hands.

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What Must The Crown Prove In

A Forcible Confinement Charge?

To secure a conviction for forcible confinement, the Crown must prove several elements of the offence beyond a reasonable doubt:

  1. Intentional Confinement: The accused must have intentionally confined, imprisoned, or forcibly seized the victim.

  2. Against the Victim's Will: The confinement must have been against the victim's will.

  3. Necessary Intent: The accused must have acted purposefully, knowing that their actions would result in the victim's confinement.

If the Crown is unable to prove any one of these elements beyond a reasonable doubt, the accused may be acquitted. It is important to remember that the accused is presumed innocent until proven guilty, and it is the Crown's responsibility to prove their case.

Legal Defences to Forcible Confinement

There are several defences available to individuals charged with forcible confinement:

  • Self-Defence or Defence of Others: If the accused can show that they were acting in self-defence or in defence of another person, they may be able to avoid conviction.

  • Lawful Authority: If the accused had a reasonable belief that they had lawful authority to confine the person, this could serve as a defence.

  • Consent: If the complainant consented to the confinement, this may be a valid defence.

  • Credibility and Identification: Challenging the credibility of the complainant or showing that the accused was misidentified as the perpetrator can also be effective defences.

The Court Process

Forcible confinement is a serious offence and is often prosecuted vigorously by the Crown. The accused has the right to a fair trial, which may involve calling witnesses, cross-examining the Crown's witnesses, and presenting evidence that undermines the allegations.

Ryan Patmore Criminal Defence regularly defends clients facing forcible confinement charges across Western Canada. Ryan’s extensive experience in criminal law enables him to navigate complex legal proceedings, ensuring that his clients receive the best possible defence.

Consequences of a Forcible Confinement Conviction?

A conviction for forcible confinement carries significant penalties. The maximum penalty for this offence when prosecuted by indictment is 10 years in prison. If the case is prosecuted summarily, the maximum penalty is two years less a day in prison. However, the actual sentence imposed will depend on various factors, including:

  • The severity of the Offence: Cases involving violence, weapons, or vulnerable victims (e.g., children or elderly individuals) are likely to result in harsher sentences.

  • Aggravating or Mitigating Factors: The presence of aggravating factors, such as a prior criminal record, can lead to a more severe sentence. Conversely, mitigating factors, such as showing remorse or having no prior convictions, may result in a more lenient sentence.

In addition to imprisonment, a conviction for forcible confinement can have long-lasting consequences, including a criminal record, difficulties in obtaining employment, and restrictions on international travel.

Why Legal Representation Matters.

If you are facing charges of forcible confinement, it is crucial to seek legal advice from an experienced criminal defence lawyer. Ryan Patmore Criminal Defence has successfully defended numerous clients against forcible confinement allegations and other related charges. Ryan will thoroughly assess the evidence, identify potential defences, and work diligently to achieve the best possible outcome for your case.

Contact Ryan Patmore Criminal Defence today to discuss your case and protect your rights.