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What is peaceable possession?
What does possession mean in a criminal case?
What are the requirements for possession under the Criminal Code?
What happens if a person is not in possession of property?
What is a defence of property?
What are the different types of possession?
The distinction between actual possession and peaceable possession is essential in criminal law. The concept of peaceful possession acknowledges that a person may have the right to control or possess an item, even if they are not physically holding it.
- Actual/Personal Possession
- Constructive Possession
- Joint Possession
“Personal possession” (ie. the actual handling of the thing) requires that “the accused must be aware that he or she has physical custody of the thing in question, and must be aware as well of what that thing is. Both elements must co-exist with an act of control (outside of public duty)”Thus, actual/Personal possession requires that: 1. there be a...
Constructive possession will apply where there is no actual possession, but there is circumstantial evidence that shows "that the accused may still be attributed to having possession of a certain object or thing." Requirements Constructive possession requires the following: 1. knowledgeof the item 2. intent/consent to possessthe item 3. control ove...
Joint possession amounts to a form of possession wherein multiple people can be deemed to be in possession or custody of the object. By function of s. 4(3)(b) custody and possession of a second party is deemed where "with the knowledge and consent of the rest" the primary persons "has anything in his custody or possession". To establish joint posse...
72 (1) A person commits forcible entry when that person enters real property that is in the actual and peaceable possession of another in a manner that is likely to cause a breach of the peace or reasonable apprehension of a breach of the peace.
Section 4(3) of the Criminal Code of Canada is a crucial provision for understanding the concept of possession in criminal law. The section outlines the various ways in which possession of something can arise, and also provides for joint possession.
The defence of property can arise when a person's "peaceable possession" of property is threatened or challenged by another, such as by a person who is trying to take or damage the property or trespass on it.
This section allows a person to defend their actions if they believe on reasonable grounds that they or someone they are assisting are in peaceable possession of property, or if they believe another person is about to enter the property without legal entitlement, take the property, damage or destroy it, or make it inoperative.
"Peaceable possession" refers to the legal concept of someone having control and use of a property or land without any disputes or conflicts. It means the person is in lawful and undisturbed possession of the property. What does "peaceable possession" mean in legal terms?
