Criminal Law Flashcards

Question

What is assault?

Answer 1

An assault occurs when a person directly or indirectly applies force intentionally to another person without their consent or when a person attempts to apply such force, or threatens to do so. An injury need not occur for an assault to be committed, but the force used in the assault may have caused injury. In Canada, a consensual fight is not considered an assault.

Answer 2

Bodily harm is defined as any hurt or injury to a person that interferes with the health or comforts of the person Indictable: not exceeding 10 years Summary Conviction; not exceeding 18 months

Answer 3

Aggravated Assault is assault with intent to murder, rob, rape, and assault with a dangerous weapon Max: indictable offence not exceeding fourteen years

Answer 4

Indictable Offence: max 10 years Summary Conviction: max 18 months

Answer 5

Commiting a sexual assault that wounds, disfigures or engangers the life of the victim Indictable Offence: max → life min → 4 years

Answer 6

The age of consent for sexual activity is 16 years The Criminal Code protects 16 and 17 year olds against sexual exploitation, where the sexual activity occurs within a relationship of trust, authority, dependency

Answer 7

No one can touch any part of the body of a child under the age of 16 for a sexual purpose – Penalty: max 10 years

Answer 8

No one can invite a child under the age of 16 to touch himself/herself or them for a sexual purpose – Penalty max 10 years

Answer 9

No one in a position of trust or authority over 16 or 17 years old or upon whom the young person is dependant , can touch any part of the body of the young person for a sexual purpose or invite that young person to touch himself/herself for a sexual purpose – Penalty: max 10 years

Answer 10

No one may make, distribute, transmit, make available, access or possess child pornography – Penalty: max 5 or 10 years

Answer 11

No person may use the internet to communicate with a young person for the purpose of facilitating the commission of a sexual or abduction offence – Penalty: max 10 years

Answer 12

No one may expose their genital organs for a sexual purpose to a young person under the age of 16 years – Penalty: max 6 months

Answer 13

It is against the law for parents to procure their child to engage in illegal sexual activity. It is also against the law for anyone to offer or obtain the sexual services of a young person under the age on 18 years – Penalty: max 14 years

Answer 14

It is against the law for a Canadian to travel outside of Canada and engage in any sexual activity with a young person. The Canadian would face the same penalty as if that offence had occurred in Canada

Answer 15

No person shall cause other persons to fear for their safety or the safety of anyone known to them Prohibited conduct consists of Repeatedly following from place to place Repeatedly communicating with the other person Watching the place where the other person resides or works Engaging in threatening conduct directed to any member of the person’s family Penalty: max not exceeding 5 years

Answer 16

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Answer 17

Dope, Weed, Pot, Ganga This is sold as resin (Hash) or as a dry herb Buds are more potent than the stalks and leaves It is usually smoked in a roll-up Effects: users feel relaxed, giggly, and talkative Problems: can feel anxious, paranoid and forgetful

Answer 18

Schedule 2: Cannabis (revoked) Possession: Max 5 years imprisonment Possession for the purpose of trafficking: max 5 years imprisonment

Answer 19

Coke, Snow Cocaine is bought as a white powder It is normally snorted but can be prepared for injection Effects: users feel confident and strong Problems: users become dependent and find they run into crime due to the high price of it

Answer 20

Schedule 1: Cocaine, Ketamine, Heroin Possession: Max 7 years imprisonment Possession for the purpose of trafficking: Max life imprisonment

Answer 21

Acid Trip Sold as squares of paper with cartoon designs Takes up to half an hour to take effect A trip can last for as long as 12 hours Effects: changes the way that users see, hear things and hallucinate Problems: ‘bad trips’ can be frightening, accident occur when users are not in control

Answer 22

Schedule 3: LSD Possession: Max 3 years imprisonment Possession for the purpose of trafficking: Max 10 years imprisonment

Answer 23

Anabolic steroids are synthetic variations of the male testosterone Common names are Juice and roids Abuse may lead to problems such as paranoid jealousy, extreme irritability, delusions, and impaired judgement

Answer 24

Schedule 4: Anabolic Steroids Possession: Max $1000 fine for first offence and/or maximum 6 months imprisonment Possessions for the purpose of trafficking: Max 3 years imprisonment

Answer 25

Is the act of providing sexual services to another person in return for payment The person who receives payment for the sexual serviced is called a prostitute and the person who receives such services is known by “John”

Answer 26

In 2014, the SSC struck keeping a brothel (a location where sexual services are provided), living on the avails of prostitution (pimp) and street soliciting (you are for sale) as violations of the CCRF guarantee to life, liberty and security of the person The law was updated in 2015 The bill criminalizes the sexual services of a person The penalties include jail time - up to 5 years and minimum cash fines that go up after a first office (John) Anyone who “receives a financial or other material benefit, knowing that it is obtained from the sale of a “sexual service”, faces up to 10 years in prison

Answer 27

Is difficult to define What is viewed varies from one person to another, from culture to culture The term ‘pornography’ can ve sexually explicit material designed primarily to produce arousal Pornographic material involved consenting adults is legal in Canada if it is not deemed to be obscene

Answer 28

It is against the law to save intimate images of a person under the age of 18 years old (child pornography) on a computer, phone, cloud storage or any other device If someone shared the intimate image of a child/ren they are committing the offence of ‘distribution’ Once an intimate digital image is created it is almost impossible to control what happens with that image and it will always exist In almost all cases the convicted person’s name appears on the federal sex registry

Answer 29

This refers to evidence that supports the claim that the accused was not present when the offence took place, rending involvement impossible. All alibi evidence must be disclosed to the crown There is no onus on the accused to prove an alibi. An alibi does not need to be proven, but rather it must simple raise a doubt

Answer 30

The principle excludes certain acts from criminal sanction due to triviality. The principle is based on the premise that the law should not concern itself with such matters. The doctrine is that its “harmless conduct” perpetrated by someone Examples The theft of a “handful” of grapes from a grocery store Incidental touching could be de minimus Possession of drugs where the amounts are merely residual particles of a controlled substance

Answer 31

Every school teacher, parent or person standing for a parent is justified in using force by way of correction toward a pupil or child who is under his care, if the force does not exceed what is reasonable The “corrective” must also have “restrain or control”. Any punishment that endangers the life, health, or risk disfigurement will render the act unreasonable Factors to be considered Age and character of the child, nature of the issue Circumstances and gravity of the correction Effect of the punishment on the child

Answer 32

The defence arises where the accused is given advice in error that is relied upon in doing the criminal act. An officially induced error is available as a defence to those who believe they are acting in a lawful manner, from being convicted The error was one of law or law and fact The advice obtained came from an appropriate official The advice was reasonable in the circumstances The accused must demonstrate reliance on the official advice

Answer 33

The exception to this is for sports where the conduct is part of the norms of the particular sport. Thus sports players may consent to some bodily harm necessarily incidental. However, conduct that is deliberately for the purpose of inflicting injury will not be protected. Where the use of force is unreasonable and falls outside the parameters of the sport, there can be no consent

Answer 34

The accused presents evidence tending to establish someone else as the culprit of the offence for the purpose of raising a reasonable doubt of their own responsibility. Alternate suspect evidence can include evidence that the police inadequately investigated alternate suspects or that they had “tunnel vision” and failed to pursue important lines of inquiry

Answer 35

It must occur before the offence takes place. It is often necessary that the accused testify to explain this Exceptions A group have jointly planned to commit murder and the accused assisted in the initial part of the plan but then leaves part way through A party who abandons a planned robbery but was the one who provided the others with guns can be liable for the murder arising from the robbery Abandonment test requirements There must be a change of intention and physical change of place, timely communication to abandon the purpose to those who desire to continue in it The accused took reasonable steps in the circumstances either to neutralize or otherwise cancel out the effects of his or her participation or to prevent the commission of the offence

Answer 36

This permits possession for lawful purposes such as delivering it to authorities. By establish this limit, there will be an absence of a blameworthy mind or conduct

Answer 37

An accused can only be found guilty of a sex offence which involves a minor where the accused has an honest belief the complainant was of an age of consent. The crown will prove beyond a reasonable doubt that the accused failed to take sufficent steps in all the circumstances to ascertain the age. It is understood that less familiar parties, more steps that are required to confirm there is consent to sexual activity Factors to consider Knowledge of the complainant Physical appearance Age and appearance of the complainant’s associates Age differential between the accused and the complainant Demeanor of the complainant The time and location of the alleged sexual assault any other relevant time or places

Answer 38

This offense mean that the onus of responsibility lies with the accused. The accused must prove that he/she took every action that a reasonable person would take to prevent the incident or offence from happening. Strict Liability offences are Driving without a seatbelt Careless driving Driving while suspended

Answer 39

With this offence, a driver cannot use the defence of due diligence. Therefore when you are charged with an absolute liability offence, you must show that the Crown did not prove beyond a reasonable doubt, that you committed the offence Absolute liability offences are Speeding Failure to stop at a stop sign Failure to stop at a red light

Answer 40

The onus is on the accused to establish due diligence. The conduct of the accused is measured against that of “a reasonable” person in similar circumstances Due diligence requires the accused to take all reasonable steps or “care” to avoid the harm that resulted/ Due diligence defence is also available where the accused has an honest but mistaken belief in facts which, if true, would render the act innocent

Answer 41

This section provides a statutory defence to a criminal charge. Given the dangerous and demanding work of police, the conduct should not be judged against a standard Use of force by a police officer. The court should consider that: The officer is required or authorized by law to perform an action in the enforcement of the law The officer acts on reasonable grounds in performing the actions ho or she is required or authorized by law to perform The officer does not use unnecessary force

Answer 42

It can be justified where the commission of the offence is likely to cause immediate and serious injury. When considering, the court show consider the reasonable belief of the officer in all the circumstances as they existed at the time and the facts at the time

Answer 43

Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft to any person

Answer 44

Everyone who witnesses a breach of the peace is justified in interfering to prevent the continuance and may detain any person for the purpose of giving him into the custody of a peace officer

Answer 45

Everyone is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person It is reasonable to perform the operation having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case

Answer 46

A property owner is permitted to use reasonable force to remove someone who is trespassing. The force must be “no more force than is reasonably necessary”

Answer 47

It refers to the legal defence that can be claimed by an accused in response to evidence of the commission of a crime. A proven claim of entrapment will result in the staying of the proceedings It relies on the notion that certain police tactics “leave no room for the formation of independent criminal intent by the accused” and they should not be held liable. It balances the interests of police flexibility in “the techniques they use to investigate criminal activity against the use of” techniques would offend our notions of decency and fair play The accused bears the burden of proof to demonstrate the prosecution is an abuse of process. A defence of entrapment cannot be used until the crown has proven all of the element of the offence and there is a finding of guilt Then the question of guilt is determined. If found guilty, the judge determines whether there was entrapment

Answer 48

An undercover officer who attempts to buy drugs from someone suspected of selling drugs does not constitute entrapment. Police are permitted to ask for a drug hook up

Answer 49

Police are permitted to engage people on the internet in the same manner that police enter into neighbourhoods for engaging people for known illegal activity

Answer 50

It is available when a person commits an offence while under compulsion of a threat made for the purpose of compelling him to commit it It does not apply where the offence is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm or arson

Answer 51

Emergency situations where normal human instincts, whether of -self-preservation or of altruism or overwhelmingly disobedience. The defence provides a legal excuse for conduct making out the offence. The peril or danger must be more than just foreseeable it must be near and unavoidable it has to be no alternative but to break the law It required proof that: The accused must be in imminent danger The accused must have had no reasonable legal alternative to the action The harm inflicted by the accused must be proportional to the harm avoided by the accused The accused has the burden to establish an air of reality. Once established the burden moves to the Crown to establish beyond a reasonable doubt that at least one of the element does not apply

Answer 52

It is a rare defence that only applies to non-violent offences Degrees of intoxication: Mild: Alcohol-induced relaxation of inhibition and acceptable behavious. This does not affect the mens rea of an offence Advanced: There is an impairment of the accused’s foresight of the consequences of his acts, raising a reasonable doubt on the requisite mens rea Extreme: Intoxication to the point of an automatism-like state. This degree of intoxication negates the voluntariness of the accused’s actions and would be a complete

Answer 53

It is a partial defence that only applies to the charge of first or second degree murder. It can only have the effect of reducing to manslaughter. The accused’s reactions or response to the even must be equally sudden The partial defence of provocation exists in law to acknowledge the inherent frailty of the human conditions a person can reasonable act inappropriately and disproportionately, but it is understandable to a sufficiently serious wrongful act or insult

Answer 54

There are 2 types of automatism – Mental disorder automatism and non-mental disorder automatism The mental disorder automatism leads to Not Criminally Responsible finding The non-mental disorder automatism leads to an acquittal The burden is on the accused to prove involuntariness. The accused has the burden to show evidence to the court and the legal burden of proving the facts. The defence must provide confirming psychiatric evidence The person engages in “involuntary behaviour” such that a person who, though capable of action, is not conscious of what he is doing. It means an unconscious involuntary act where the mind does not go with what is being done. The law treats almost all automatisms as the product of a mental disorder leading to an NCR Psychiatric or psychological evidence It should establish: Evidence of a document medical history of automatistic-like dissociative states Evidence of a bystander about the appearance of the accused before, during and after the alleged involuntary conduct Evidence of motive or absence of motive Non-mental disorder automatism will usually occur when all the following are true: The accused suffered a single incident of automatism It was triggered by a specific external event The trigger is unlikely to recur The vent could have cause a dissociative state in a normal person

Criminal Law Flashcards

(79 cards)