criminal law unit test

Question 1

crim law summary

Answer 1

offences against society (poses danger or smt)

Question 2

Fraud or theft under $5000, public nudity, shoplifting, graffiti, etc punishment

Answer 2

liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both”

Question 3

Summary offence

Answer 3

liable to a fine of not more than $5,000 or to a term of imprisonment of not more than two years less a day, or to both”

Question 4

Indictable

Answer 4

Penalties range from 2 years – life imprisonment

Question 5

1st degree murder, theft over $5000, etc punishment

Answer 5

2 years – life imprisonment

Question 6

Hybrid

Answer 6

Crown chooses

Question 7

Intent

Answer 7

knows what the results will be, and is
reckless regarding the consequences

Question 8

General Intent

Answer 8

The desire to commit a wrongful act, with no
ulterior motive or purpose

Question 9

Specific Intent

Answer 9

When someone commits one wrongful act in
order to accomplish another
(stabs to rob or wtv)

Question 10

Motive

Answer 10

not intent, reason to commit offence. When Ron broke into Kathy’s garage to steal the bikes the fact that he wanted to pawn them for cash is not relevant to his guilt.

Question 11

Recklessness

Answer 11

This is the careless disregard for the possible results of an action.

Question 12

assault definition

Answer 12

A person commits assault when, without the consent of another person, he applies force intentionally to that other person, directly or indirectly.

Question 13

Level 1 assault

Answer 13

pushing someone or threatening them with violence, Hybrib, max 5 years

Question 14

Level 2 assault

Answer 14

This is assault with a weapon or causing bodily harm, hybrid, max 10 years

Question 15

Level 3 assault

Answer 15

aggravated assault, wounding, maiming, disfiguring, or endangering the life of the victim, indictable, max 14 years

Question 16

sexual assault originally

Answer 16

Originally a property crime against husbands and fathers only 2 types of sexual assault – rape and indecent assault, before 1983

Question 17

Level 1 SA

Answer 17

This is an assault that violates the victim’s sexual integrity. It usually involves touching of a sexual nature that is not invited or consensual, hybrid, max 10 years

Question 18

Level 2 SA

Answer 18

Sexual assault with a weapon, threats to a third party, or causing bodily harm, max 14 years

Question 19

Level 3 SA

Answer 19

Sexual assault with a weapon, threats to a third party, or causing bodily harm, max life sentence

Question 20

Consent

Answer 20

at the time of sexual activity, for every specific sexual act during an encounter, ongoing and can be taken back any time, even after it was given

Question 21

There can’t be consent if a person

Answer 21

is drunk or drugged
is asleep or unconscious
abuses power, authority or trust to have sex

Question 22

Ages of consent

Answer 22

16 age of consent,
A person who is 14 or 15, and sexual partner is less than 5 years older
A person who is 12 or 13, and sexual partner is less than 2 years older
A person under 12 years old cannot legally consent to sexual activity
Age of consent is 18 when there is exploitation (e.g. pornography, or with someone of trust or authority)

Question 23

Rehtaeh Parsons case

Answer 23

15 raped while drunk, attempted suicide,

Question 24

Child pornography punishment

Answer 24

10-14 years max

Question 25

Arson

Answer 25

intentional or reckless causing of damage by fire or explosion to property, whether or not the arsonist owns the property, max 14 for no harm, max life if harm.

Question 26

Theft

Answer 26

Must have the intent to deprive the owner of the item or convert it to his/her own use

Question 27

Break and Enter

Answer 27

‘Break’ means “to break any part, internal or external, or to open anything that is used or intended to be used to close or to cover an internal or external opening.” ‘Enter’ states that “a person enters as soon as any part of his body or any part of an instrument that he uses is within anything that is being entered.”

Question 28

Robbery

Answer 28

theft that involves violence, the threat of violence, assault, or the use of offensive weapons

Question 29

culpable homicide

Answer 29

a person is held legally responsible for causing the death of another person, either intentionally or unintentionally

Question 30

non culpable homicide

Answer 30

a death caused by actions that are justifiable or excusable, such as self-defense or an accident under lawful circumstances

Question 31

Defence disclosure

Answer 31

the evidence that the crown gives to the defence

Question 32

reasonable doubt

Answer 32

prove without anyone saying 'erm ackschually'

Question 33

6 goals of sentencing

Answer 33

protect public, danger to society retribution, "pay" for crimes deterrence, anyone caught will be punished rehabilitation, treat accused so they can be in society restitution, pay society back, community service denunciation, sends a message of societal violation

Question 34

aggrivated factors

Answer 34

evidence that increase crime severity, weapons, past convict, ect

Question 35

mitigating factors

Answer 35

evidence that decreases crome severity, not a past convict, mental health, ect

Question 36

how many on jury

Answer 36

12

Question 37

who can go on jury

Answer 37

18+, no law or medical

Question 38

premptory challenge

Answer 38

no to juror without reason

Question 39

challenge for cause

Answer 39

crown and defence think juror wont fulfil responsibilities

Question 40

trier of fact

Answer 40

the person who determines what the facts are in a case, based on evidence presented to them

Question 41

relevent evidence

Answer 41

if someone commits crome at 18 is it relevent now

Question 42

hearsay evidence

Answer 42

evedince from matters the witness was TOLD

Question 43

voir dire

Answer 43

jury removed, to see if evidence is relevent

Question 44

negative defence

Answer 44

it's up to the prosecution to prove guilt (absolute guilt). guilty guy gets to sit back and relax

Question 45

affirmative offence

Answer 45

extra facts outside of the prosecutors claim that help the defendant

Question 46

mistake of fact

Answer 46

maybe you did it thinking it was all chill and it wasnt

Question 47

automatism