Chapter 5

Question 0

Culpable homicides

Answer 0

• murder
• manslaughter
• infanticide

Question 1

Violent Crime

Answer 1

Harms the human body in some way

Question 2

Non-culpable homicides

Answer 2

• accident

- self defence

Question 3

1st degree murder

Answer 3

• Planned & deliberate

- specific intent

Question 4

2nd degree

Answer 4

• intentional, but not pre-planned

- specific intent

Question 5

Manslaughter

Answer 5

• unintentional, during an unlawful act (ie. While speeding)

- general intent

Question 6

Infanticide

Answer 6

• killing of a newborn baby by their mother, who is still mentally disturbed due to childbirth
• Max penalty: 5 years because mother isn’t in sound mental state -> no mens rea

Question 7

Assault

Answer 7

Intentionally applying force to someone without their consent

Question 8

Assault causing bodily harm

Answer 8

Carrying/using/threatening to use a weapon or causing bodily harm during the assault

Question 9

Aggravated assault

Answer 9

Maiming/wounding/disfiguring or endangering someone’s life during an assault

Question 10

Sexual assault

Answer 10

An assault of sexual nature without the victim’s consent

Question 11

Sexual assault causing bodily harm

Answer 11

Carrying/using/threatening to use a weapon or causing bodily harm during a sexual assault

Question 12

Aggravated sexual assault

Answer 12

Maiming/wounding/disfiguring or endangering someone’s life during a sexual assault

Question 13

Why was rape re-titled sexual assault?

Answer 13

To emphasize the violent nature of the crime

Question 14

When is consent not a defence to sexual assault?

Answer 14

When the victim is:

• under 16
• drunk
• having sexual relations with an authority figure

Question 15

When can the past conduct of a complainant be introduced into a sexual assault case?

Answer 15

After a judge determines its value to the fairness of the trail
Ex. What they wear/past sexual partners = not fair
If they’ve filed and then dropped sexual assault charges in the past = fair

Question 16

Offences pertaining to sexual interclass involving persons under the age of 18

Answer 16

• can’t witness beastiality
• can’t have sex with authority figures
• can’t witness adultery or sexual immorality
• can’t be procured to engage in sexual activity

Question 17

Robbery

Answer 17

Theft involving violence, threats of violence, assault, or the use of weapons

Question 18

Elements necessary for theft conviction

Answer 18

• must have item on you
• mustn’t have colour of right (legal right) to that item
• determine if item is over/under $5000

Question 19

Break

Answer 19

Break or open anything that is a cover

Question 20

Enter

Answer 20

Any part of the body entering

Question 21

Reverse onus (as it applies to possession of housebreaking instruments & stolen goods)

Answer 21

You must prove that you have a legal reason to have those items

Question 22

Fraud

Answer 22

Making false statements

Question 23

3 examples of fraud

Answer 23

• lying to obtain a credit card or loan
• using a stolen or revoked credit card
• writing a cheque for money you don’t have

Question 24

Prohibited weapons

Answer 24

Completely illegal (ie. Switchblades)

Question 25

Restricted weapons

Answer 25

You can have it as long as you have a license for it

Question 26

Procuring

Answer 26

Directing customers to a prostitute’s services (being a pimp)

Question 27

Soliciting

Answer 27

Communicating for the purpose of prostitution (being a prostitute)

Question 28

Criminal negligence

Answer 28

Being reckless; doing someone different than what a normal person would do in that situation

Question 29

Mischief

Answer 29

The deliberate destruction or damaging of property

Question 30

Provocation

Answer 30

• The action committed was wrongful

- ordinary people would lose control in that situation

Question 31

Causation

Answer 31

• Need not be direct

- must be unbroken chain of causation between the act & consequence

Question 32

Murder charges can be dropped to manslaughter by using which 2 defences

Answer 32

• intoxication

- provocation