Criminal Law Flashcards
Module 2 (38 cards)
What are the 3 Levels of Government
Federal, Provincial and Municipal
What does the Federal Government control?
- Criminal Code of Canada (CCC)
- Controlled Drugs and Substances Act (CDSA)
- Food and Drug Act
- Youth Criminal Justice Act (YCJA)
- Income Tax Act
All statute laws
What does the Provincial Government control?
- Trespass to Premises Act
- Gaming, Liquor and Cannabis Act (AGLC)
- Mental Health Act
What does the Municipal Government control?
Bylaws
What is the Primary Purpose of Criminal Law?
To protect the public and preserve the peace
What two elements must a crime have?
- Actus Reus
- Men’s Rea
What is Actus Reus?
The act of breaking a law
What is Men’s Rea?
The criminal intent to break the law
What are the three types of sentences and how are they different?
- Indictable Offences
- Most serious, Life Liberty and Property - Summary Offences
- Less serious, nuisance types of offences - Hybrid offence
- Can be prosecuted as ether or
What is arrest? (10-66)
1- An actual seizure or touching of one’s body with the purpose of detaining them
2- Saying the words “You are under arrest”
What is detention?
- The mental or physical deprivation of rights against one’s will
- A person is detained when in their own mind (mental) they know they are no longer permitted to proceed (physical)
What are the 6 Steps to affecting arrest?
1- Identify yourself
2- Take physical custody
3- Tell suspect of arrest
4- Tell the reason for arrest
5- Tell the suspect their right of contacting a lawyer
6- Turn over to the police
What is Sec 494 1(A) (10-66)
General powers of arrest
- Anyone may arrest a person who he FINDS COMMITTING an indictable offence
What is Sec 494 1(B) (10-66)
Assist powers of arrest
- Anyone may arrest any person who on reasonable and probable grounds he believes committed a criminal offence and is (1) escaping from and (2) freshly perused by persons with legal authority to arrest that person
What are probable and reasonable grounds?
A set of facts that would satisfy any normal person to believe the same thing
When is Fresh pursuit over?
When you have lost continuity with suspects
What is Sec 25(1) (10-77)
Use of force
(a) As a private citizen
(b) As a peace officer or public officer
(c) In aid of a peace officer or public officer
(d) By virtue of his office
- Is if he acts on reasonable grounds all in using as much force necessary
What is Sec 26 (10-77)
Excessive Force
- Anyone authorized by law to use force is criminally responsible for any excess of
What is Sec 27
Prevent Commission of Offence
- everyone is justified in using as much force as is reasonably necessary
(A) to prevent the commission of an offence
(i) for if committed would be arrest without warrant
(ii) that would cause immediate and serious injury
What can you search for after arrest?
- Weapons to harm himself or others
- Tools to aid in his or her escape
What 5 things must you state for a consent search?
1- What you are searching for
2- That they do not have to let you
3- That they can stop you at any time
4- That anything found can be evidence against them
5- That they can potentially be charged if anything incriminating is found on them
What is Sec 322 (10-22/10-37)
Theft/Shoplifting
T 10-37 - To fraudulent without permission takes something of someone’s to use for themselves
S 10-22 - If a person conceals a product from a store and exits with no intent to pay for it
What are the 3 elements to a shoplift (10-22)
1 - Selection
2 - Concealment
3 - Exit/Intention to leave
What is Sec 354
Possession of Stolen Property
- Has stolen property in his or her possession
