Chapter 5 Flashcards
(33 cards)
Culpable homicides
- murder
- manslaughter
- infanticide
Violent Crime
Harms the human body in some way
Non-culpable homicides
- accident
- self defence
1st degree murder
- Planned & deliberate
- specific intent
2nd degree
- intentional, but not pre-planned
- specific intent
Manslaughter
- unintentional, during an unlawful act (ie. While speeding)
- general intent
Infanticide
- 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
Assault
Intentionally applying force to someone without their consent
Assault causing bodily harm
Carrying/using/threatening to use a weapon or causing bodily harm during the assault
Aggravated assault
Maiming/wounding/disfiguring or endangering someone’s life during an assault
Sexual assault
An assault of sexual nature without the victim’s consent
Sexual assault causing bodily harm
Carrying/using/threatening to use a weapon or causing bodily harm during a sexual assault
Aggravated sexual assault
Maiming/wounding/disfiguring or endangering someone’s life during a sexual assault
Why was rape re-titled sexual assault?
To emphasize the violent nature of the crime
When is consent not a defence to sexual assault?
When the victim is:
- under 16
- drunk
- having sexual relations with an authority figure
When can the past conduct of a complainant be introduced into a sexual assault case?
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
Offences pertaining to sexual interclass involving persons under the age of 18
- 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
Robbery
Theft involving violence, threats of violence, assault, or the use of weapons
Elements necessary for theft conviction
- must have item on you
- mustn’t have colour of right (legal right) to that item
- determine if item is over/under $5000
Break
Break or open anything that is a cover
Enter
Any part of the body entering
Reverse onus (as it applies to possession of housebreaking instruments & stolen goods)
You must prove that you have a legal reason to have those items
Fraud
Making false statements
3 examples of fraud
- lying to obtain a credit card or loan
- using a stolen or revoked credit card
- writing a cheque for money you don’t have
