The offence described in the enactment creating it includes the commission of another offence for example, assault is a lesser and included offence within the offence of assault causing bodily harm created by section 267 of the Criminal Code. Beyo, Decision of the Ontario Court of Appeal, Canadian Criminal Cases, Third Series, volume 144, pages 15-35):Ī statute may expressly prescribe that a certain offence is an included offence for example, section 662(3) of the Criminal Code includes manslaughter or infanticide within the offence of murder.
There are four ways in which an offence may be included in another offence (see Regina v. The Queen, Decision of the Supreme Court of Canada, Canadian Criminal Cases, volume 132, pages 112-116, at page 114.) In other words, a lesser and included offence is part of an offence that is charged, and it must necessarily include some elements of the main offence but be lacking in some of the essentials without which the main offence would be incomplete (see Fergusson v. The included offence must be a Endnote "lesser" offence than the main offence.
Beyo, Decision of the Ontario Court of Appeal, Canadian Criminal Cases, Third Series, volume 144, pages 15-35, at page 15, paragraph 29 (leave to Supreme Court of Canada dismissed). The main offence must contain the essential elements of the offence said to be included (see Regina v. An Endnote "included" offence is part of the main offence.
15), Ottawa, Information Canada, 1975, page 45.
Law Reform Commission of Canada, Criminal Procedure: Control of the Process (Working Paper No. Ontario Ministry of the Attorney General, Report of the Attorney General's Advisory Committee on Charge Screening, Disclosure, and Resolution Discussions (generally referred to as the Endnote "Martin Report", since the committee in question was chaired by Mr.
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