FED LAW Flashcards

Question

Detention

Answer 1

A restraint of liberty other than arrest

Answer 2

P - prevent continuation of offence I - Investigate further C - ensure Court attendance

Answer 3

directs a person, usually witness, to give evidence and bring anything in relation to the matter in court

Answer 4

protected from criminal and civil liability

Answer 5

Lawfully performing an identifiable and specific or special duty authorized by statute or common law

Answer 6

(a) a person whom he FINDS COMMITTING an INDICTABLE OFFENCE; (b) a person who, on REASONABLE GROUNDS, who believes (i) has committed a CRIMINAL OFFENCE; AND (ii) is escaping and freshly pursued by persons who have lawful authority to arrest that person

Answer 7

The owner OR a person in lawful possession of property, OR a person authorized by the owner or by a person in lawful possession of property, may arrest a person without a warrant if they FIND them COMMITTING a CRIMINAL OFFENCE on or in relation to that property; AND (a) they make the arrest at that time; OR (b) they make the arrest within a reasonable time after the offence is committed and they believe on REASONABLE GROUNDS that it is not feasible in the circumstance for a peace officer to make the arrest

Answer 8

Any one other than a peace officer who arrest a person without warrant SHALL FORTHWITH deliver the person to a peace officer

Answer 9

(a) a person who has committed (present) an INDICTABLE OFFENCE OR who, on REASONABLE GROUNDS, he believes has committed (past) OR is about to commit (future)an INDICTABLE OFFENCE; (b) a person whom he FINDS COMMITTING a CRIMINAL OFFENCE; OR (c) a person in respect of whom he believes has REASONABLE GROUNDS to believe that a WARRANT OF ARREST OR COMMITTAL, in any form set out in Part XXVIII in relation thereto, IS IN FORCE within the TERRITORIAL JURISDICTION in which the person is found

Answer 10

(FINDS COMMITTING) Police officer witnesses breach of the peace OR REASONABLE GROUNDS a person is about to join in or renew breach of peace * Whenever harm is actually or likely to be done to a person or his/her property, or a person is in fear of being harmed through an assault, affray, or riot * Think of health, safety, people, property * Only procedural, no charge

Answer 11

1. Identify yourself as a police officer 2. Tell the person he is under arrest (judge’s rule) 3. Tell the person the reason for the arrest (s. 10(a) Charter and s.29(2) C.C.) 4. Take physical control 5. Inform him of his Rights to Counsel (s.10(b) of Charter) 6. Ensure he understands the reason for the arrest and his Right to Counsel Then; Read the Caution (voluntariness) Read Secondary Caution if applicable (minor inducements) *** Cautions are NOT a part of 6 steps, “Judge’s Rule”

Answer 12

* Ensures the detainee wanting to waive the right to counsel UNDERSTANDS what they are actually giving up. (need not arbitrarily give up their RTC because they become frustrated, cannot afford a lawyer or cannot locate the lawyer of their choice) * The accused party needs to know they do have reasonable opportunity to speak to any lawyer of their choice.

Answer 13

(a) 553 indictables (202, 203, 4(4)(a) (b) Dual procedure offences (c) Summary conviction In cases where, (d) On REASONABLE GROUNDS that PRICE is satisfied *arrest for straight indictables

Answer 14

P - Public Interest (protection of the community, protection of the victim and accused, protection of property, and prevent breach of peace) R - repetition I - identity C - court E - evidence

Answer 15

-Reasonable Grounds -Failed to comply with Summons, Appearance Notice, Undertaking, Release Order or -Failed to attend court as required -Did not cause a victim physical/emotional harm/property damage/economic loss -May without laying a charge -Issue an appearance notice for a judicial referral hearing under s.523.1C.C.

Answer 16

-Consider all other options before referring to a Judicial Referral Hearing -Exercise discretion when investigating failures to comply and to appear Consider: Not laying a charge Laying a criminal charge If you decide to refer the matter for a Judicial Referral Hearing issue an appearance notice *not recommended by government

Answer 17

The duty of everyone who arrests a person, with or without warrant, to give notice when; the process or warrant under the arrest is made; or the reason for the arrest

Answer 18

Everyone required or authorized by law To do anything in the administration or enforcement of law If acted on reasonable grounds is justified in using as much force as necessary for that purpose

Answer 19

relating to persons acting in good faith, executing a process or carrying out a sentence notwithstanding if it is defective or issued without jurisdiction

Answer 20

relating to not being justified using force that causes grievous bodily harm (GBH) or death UNLESS on reasonable grounds is necessary to protect self or others from such

Answer 21

relating to peace officer and anyone assisting may use force intended to cause death or GBH to person being arrested if necessary to protect anyone from imminent or future death or GBH and flight cannot be prevented by less violent manner

Answer 22

Peace officer, same as above in relation to persons who escapes a penitentiary and poses a threat of death or GBH

Answer 23

Everyone authorized by law to use force is criminally responsible for any excess thereof

Answer 24

person charged with an offence has the right; To be informed without unreasonable delay of the specific offence Be tried within a reasonable time Not to be compelled to be a witness in proceedings against that person in respect to the offence Presumed innocent until proven guilty Not be denied reasonable bail

Answer 25

right to life, liberty and security and not to be deprived of

Answer 26

secured against unreasonable search or seizure

Answer 27

right not to be arbitrarily detained or imprisoned

Answer 28

right on arrest or detention; (a) Informed promptly of the reason (b) Retain and instruct counsel without delay and be informed of that right AND (c) Have the validity of the detention determined by way of habeas corpus and be released if detention is not lawful

Answer 29

(1) anyone may apply to court of competent jurisdiction if rights have been infringed or denied (2) evidence obtained in a manner that infringed or denied rights, shall be excluded, having regard to all the circumstances, the admission of it would bring the adm inistration of justice into disrepute

Answer 30

Public Interest Repetition or continuance Identity Court Evidence Safety and Security of Victim/Witness

Answer 31

a person not taken before a justice, a peace officer shall, as soon as practicable, release the person, if a) The peace officer intends to compel the person’s appearance by way of summons; b) The peace officer issues an appearance notice to the person; or c) The person gives an undertaking to the peace officer

Answer 32

If a peace officer does not arrest due to the limitations in s. 495(2) (PRICE) then and appearance notice may be issued for: a) An indictable offence mentioned in 553 b) A dual procedure offence c) A summary conviction offence

Answer 33

S.498(1) and s 498 (1.1) C.C. states that a Peace Officer who arrest a person may compel their appearance to court by way of a criminal summons once PRICES has been satisfied -A criminal summons may also be issued to a person where there exists no authority to arrest w/o warrant i.e. Peace Officer did not find committing a summary conviction offence. -Criminal summons may also be issued after an investigation is complete and no reason for an arrest exists.

Answer 34

-Peace Officer -Where person has been taken into custody -498(1.1) is satisfied (PRICES) -release on an undertaking (Form 10)

Answer 35

Promise to pay an amount specified in undertaking-not more than $500- if they fail to comply- with any condition of the undertaking -Deposit with peace officer specified in undertaking -Money/valuable security -Value not to exceed $500 -If at time of undertaking- accused not ordinarily a resident in the Province OR -Does not ordinarily reside within 200km of the place in which they are in custody **there are more listed on the undertaking available**

Answer 36

When accused is not released, then accused is taken before a Justice to determine suitability for release

Answer 37

Appearance notice for Judicial Referral Hearing - Reasonable grounds - Failed to comply with Summons, Appearance Notice, Undertaking, Release order OR - Failed to attend court as required - Did not cause victim any harm - THIS IS NOT AVAILABLE FOR BREACHES OF PROBATION

Answer 38

The Crown Prosecutor must show why the accused should be held in custody on primary, secondary or tertiary grounds

Answer 39

The accused must show why he should be released

Answer 40

police swears on An Information to arrest for a charge

Answer 41

Judge issues a warrant of the accused failing to appear for court

Answer 42

to bring an accused to detention centre when sentence was given

Answer 43

issued to compel a witness to give evidence in court (after subpoena is already issued) ***allows for an arrest

Answer 44

Warrant deemed executed when accused is before the court (paper and body meet)

Answer 45

Person commits assault when: Without consent, applies force intentionally, directly or indirectly Attempts or threatens, by ACT OR GESTURE to apply force, person to believe on reasonable grounds has the PRESENT ABILITY TO EFFECT Wearing or carrying a weapon or imitation thereof, accosts, impedes or begs

Answer 46

A) Application of force to the complaining or to a person other than the complaining B) Threats or fear of the application of force to the complainant or to a person other than the complainant C) Fraud D) The exercise of authority

Answer 47

level 2, dual procedure Carries and uses or threatens to use weapon or imitation OR Causes bodily harm to the complainant OR Chokes, suffocates or strangles the complainant ***Bodily Harm: more than trifling or merely transient (s. 2)

Answer 48

level 3, indictable Wounds, maims, disfigures or endangers life ***Maims: loss of ability to fight back ***Wounds: stab

Answer 49

Level 1, dual procedure the charge for assault definition 265

Answer 50

Assault a public officer or peace officer engaged in the execution of his duty or a person in aid of officer

Answer 51

same as regualr but an officer in the execution of their duties

Answer 52

Wounds, maims, disfigures or endangers life of peace officer ***Maims: loss of ability to fight back ***Wounds: stab

Answer 53

Without consent of P.O Takes or attempts to take A weapon In possession of the P.O when engaged in the execution of his duty

Answer 54

Surreptitiously observes-including by mechanical or electronic means OR Makes a visual recording of a person Who is in circumstances that give rise to a reasonable expectation of privacy, if a) person is in a place they would reasonable expect to be nude b) a person is nude or engaging in sexual activity and the recording/ observing that person in that state c) observation/ recording is done for sexual purposes

Answer 55

o Without lawful excuse o Loiters or prowls o At night on the property of another o Near a dwelling house summary conviction - needs to F/C

Answer 56

Willfully, Destroys or damages property Renders property dangerous, useless, inoperative or ineffective Obstructs, interrupts or interferes with the lawful use or enjoyment of property; OR Obstructs, interrupts or interferes with any person in the lawful use or enjoyment or operation of property dual procedure

Answer 57

(a) Every one who NOT BEING in a dwelling house causes a disturbance in or near a public place by; (i) fighting, screaming, shouting, swearing, singing, using insulting or obscene language (ii) by being drunk (iii) by impeding or molesting (b) openly exposes or incident in public place (c) loiters and obstructs in a public place (d) discharging f.a. or by disorderly conduct in a public place or not being an occupant and disturbing an occupant

Answer 58

Everyone who In any manner Knowingly utters, conveys or causes any person to receive threat To cause death or bodily harm Burn, destroy or damage property OR Kill, poison or injure an animal or bird that is property

Answer 59

o No person shall o Without lawful authority o Knowing that another person harassed or recklessly o Engaged in conduct referred in (2) o Causing person reasonably o To fear for their safety or anyone known to them

Answer 60

(a) repeatedly follow (b) repeatedly communicate (c) besetting or watching (d) engaging in threatening conduct

Answer 61

knowingly, - pusblishes, distributes, transmits, sells, makes available, advertises - an intimate image knowing/ being reckless that the person in the image - did not consent

Answer 62

- taken when the person is nude or exposing themselves, or engaged in explicit sexual activity - private circumstances in which the recording was taken - and still expected to be private at the time the offence was committes

Answer 63

an indifference to the consequences of your actions or of your admissions

Answer 64

Deliberate failure to make reasonable inquiry of wrongdoing despite suspicion or an awareness of the high probability of its existence

Answer 65

almost anything, designed or used or intended use in causing death, injury or to threaten/ intimidate

Answer 66

1. barreled weapon 2. shot, bullet, or projectile can be discharged 3. Capable of causing SBH or death

Answer 67

1. type of firearm 2. Action of the firearm 3. Type of ammunition

Answer 68

1. restricted (allowed to have with restrictions) 2. non-restricted (allowed to have without restrictions) 3. prohibited (not allowed to have)

Answer 69

a firearm capable of discharging projectiles in rapid succession during one press of the trigger

Answer 70

A firearm that after fired, automatically reloads to prepare for the next shot

Answer 71

- Chief Firearms Office - Issues, refuses to issue, renews or revokes firearms licences - Approves shooting ranges. - Approves the transfer of prohibited and restricted firearms and other regulated items between individuals and businesses.

Answer 72

if it is not desirable, in the interests of public safety ○ Has convictions relating to firearm offences ○ Criminal harassment convictions ○ Offences relating to drug trafficking ○ Mental instability ○ Court orders prohibiting possession

Answer 73

- most bb guns or pellet guns (lower velocity) - signalling devices, distress, blank-firing, industrial use - antique firearms

Answer 74

- unloaded - and if unattended, in the truck if equipped or out of view

Answer 75

- unloaded - rendered inorperable by locking device - in a locked secure container

Answer 76

Must have a valid “Authorization to Transport” to transport ANY Restricted or Prohibited Firearm for: - Target Practice - Changing Residences - Registration and/or repair Gun shows - Transportation to any Border

Answer 77

Means any device designed exactly resemble or to resemble with near precision, a firearm and that itself is not a firearm, but does not include such device that resemble an antique firearm.

Answer 78

Means any thing that imitates a firearm and includes a replica firearm (dummy gun/airsoft)

Answer 79

Unloaded, Rendered inoperable by: Locking device, or Removal of bolt or bolt carrier, or Stored in a locked container or room that cannot be readily broken into

Answer 80

Unloaded, AND Rendered inoperable by secure locking device, AND Stored in a container or room that cannot be readily broken into No ammunition in same container Police are not exempt; must store it properly OR: Stored in a vault, safe or room that has been specifically constructed or modified for storage purposes AND that is kept securely locked

Answer 81

Bolt, Break, Lever, Pump, Semi-Auto, Automatic, Revolver

Answer 82

Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence

Answer 83

- public safety seizure - evidentiary seizure - document seizure

Answer 84

when someone doesn't have the appropriate documents - 14 days to produce documents, and then returned - documents required: application for disposition or report to justice

Answer 85

F - Firearm I - Interest P - Police

Answer 86

can search without warrant any person, vehicle, place (not dwelling) if RG believe firearm, offence being or has committed, evidence likely where search is conducted

Answer 87

to look into or over carefully of thoroughly in an effort to find or discover something

Answer 88

STATUTE LAW – C.C., CDSA, LLA, HTA, CANNABIS CONTROL ACT (warrants, plain view doctrine) COMMON LAW – incident to arrest, plain view doctrine CASE LAW – consent search

Answer 89

R. V. Edwards - seven step test Presence at time of search Possession or control of property or place searched Ownership of property Historical use of property Ability to regulate access, including right to admit or exclude others Existence of subjective expectation of privacy AND Objective reasonableness of expectation

Answer 90

s. 24(2) evidence shall be excluded if the court concludes rights were violated and the admission of the evidence would bring the admin of justice into disrepute

Answer 91

R. V. Collins o Is the search authorized by law? o Is the law itself reasonable? o Was the manner in which the search was carried out reasonable?

Answer 92

1. Arrest must be lawful 2. search must have been conducted as an incident to a lawful arrest 3. manner in which the search was conducted must be reasonable need to articulate bteween the nature of the search and the offence, search before they speak to a lawyer

Answer 93

1. safety - weapons injury 2. evidence - of the offence 3. escape - means of escape

Answer 94

1. Exigent circumstances 2. Reasonable grounds 3. Availability of procedure to obtain a search warrant 4. Rights to counsel

Answer 95

can't search all cell phones incident to all arrests arrest must be lawful, SITA (preserving/ locating evidence), can only look at that evidence

Answer 96

if a person is arrested in a residence, police can also search the surrounding ares (only within a person's physical control) for safety, escape or evidence

Answer 97

- Can search vehicle if flowed directly from lawful arrest - Can check trunk if reasonably believes more evidence is likely found there

Answer 98

1. Does the conduct of the police fall within the general scope of any duty imposed by statute or recognized common law? 2. Does any conduct, if found to be within the general scope of such a duty, involve the justified use of powers associated with the duty?

Answer 99

1. was consent, expressed or implied 2. authority to give the consent 3. voluntary 4. aware of his or her right to refuse 5. aware of the nature of the police conduct to which he or she was being asked to consent to 6. aware of the potential consequences of the consent (jeopardy)

Answer 100

7. aware they don't need to consent 8. aware evidence can be used against them 9. aware their right can be withdrawn at anytime 10. limited use of consent, DNA destruction/ retention orders 11. consent and detention 10b

Answer 101

- evidence not considered abandoned while in custody or in a hospital - evidence while not in custody that was discarded can be seized (but can't still be on their property)

Answer 102

1. Must be lawfully present – by warrant or otherwise 2. The discovery was inadvertent 3. Articles discovered were clearly incriminating

Answer 103

anyone, including police, have implied invitation to knock on front door of dwelling for purposes of communicating information; NOT to gather evidence Police must leave property if directed UNLESS reasonable grounds for lawful arrest arose before occupant gave notice to leave

Answer 104

May enter a dwelling without a warrant to arrest or apprehend if - Reasonable Grounds - Person is present in the dwelling house - Warrant is not practical due to exigent circumstances

Answer 105

Exigent circumstances include circumstances in which the peace officer has: - Reasonable grounds to suspect entry necessary to prevent imminent bodily harm or death to another person - Reasonable grounds to believe that evidence related to commission of an indictable offence is present in the dwelling house and entry necessary to prevent the imminent loss or imminent destruction of evidence Once arrested - discontinue search

Answer 106

The duty to protect life justifies a warrantless forced entry into an apartment in response to a disconnected 911 call even though the person who answered the door refuses entry. R. v. GODOY

Answer 107

inventory search to cataloguing valuables

Answer 108

- Continuous pursuit conducted with reasonable diligence, so that pursuit and capture, along with the commission of the offence, may be considered part of a single transaction - Ends when accused is no longer is escaping and no longer freshly pursued

Answer 109

AKA Feeney Warrants 1. Arrest Warrant with authorization to enter a dwelling house (Section 529), no warrant but have RG to believe the person is there, and give power to the officer to enter house for purpose of arrest 2. Entry Warrant (Section 529.1), RG to believe warrant already exists for arrest, need RG to believe person will be there

Answer 110

Judge or justice may authorize police to enter without prior announcement if there are reasonable grounds to believe that prior announcement would: - Expose police/other person to imminent bodily harm or death or - Result in imminent loss or imminent destruction of evidence can do with without authorization if exigent circumstances.

Answer 111

- An assault – rest defined by case law - Circumstance of a Sexual nature - Violation of Victim’s Sexual Integrity – does not have to be an intent of sexual purpose but touch anything in the sexual region - General Intent offence – does not have to be for a sexual purpose

Answer 112

3 elements to prove (VSA): - Voluntary touching occurred (objective) - Sexual nature of the touching (objective) - Absent consent (subjective)

Answer 113

Includes: ○ Grabbing ○ Groping ○ Touching ○ Brushing against ○ Tearing clothes ○ Penetration Must consider: - The part of the body touched - The nature of the contact - The situation in which the contact occurred - Words and gestures surrounding the contact

Answer 114

- Carries, uses or threatens to use a weapon or imitation - Bodily harm to complainant - Threatens bodily harm to a third person - Chokes, suffocates or strangles the complainant - Party to the offence

Answer 115

- 2 or more persons - Commit - Aids a person to commit - Abets a person in committing - Common intention to commit

Answer 116

- Wounds - Maims - Disfigures - Endangers Life

Answer 117

16 and May 1, 2008

Answer 118

- fraud - exercise of authority - fear or threaten - use of force

Answer 119

- some one else consents - unconscious - incapable other than unconscious (alcohol, drugs) - induced by a person of trust or authority - refused consent - withdraws consent

Answer 120

- self induced intox - recklessness or wilful blindness - any other circumstance with no consent Party must take reasonable steps to ascertain that complainant was consenting

Answer 121

- silence - passivity - ambiguous conduct - cannot test waters once consent withdrawn

Answer 122

Every person - For a sexual purpose - Touches directly or indirectly - With a part of the body or an object - Any part of the body of a person under 16

Answer 123

- Every person - For a sexual purpose - Invites, counsels or incites - Person under 16 years - To touch directly or indirectly - With a part of the body or an object - The body of any person

Answer 124

a 12 or 13 y.o. can't be tried for these offences, unless: - in a position of trust or authority - relationship of dependency - relationship is exploitive

Answer 125

- Person in a position of trust or authority towards a young person - Relationship of dependency with a young person - Relationship is exploitative of the young person Young person is 16 - under 18 y.o. - same facts in issue for 151 and 152

Answer 126

a person under 16 cannot consent, except for close in age and mistake of age however, no defense for someone under 12 ever

Answer 127

- There is consent - There is less than 2 years age difference and - Not in a position of trust or authority, not a relationship of dependency, not exploitative

Answer 128

- There is consent - There is less than 5 years age difference and - Not in a position of trust or authority, not a relationship of dependency, not exploitative

Answer 129

Accused can use this defence if they took all reasonable steps to determine the age of the complainant

Answer 130

Everyone who wilfully does an indecent act - In a public place, presence of 1 or more persons - In any place intent to insult or offend Dual Procedure

Answer 131

Any person - For a sexual purpose - Exposes his/her genitals To a person under 16 years

Answer 132

- by means of telecommunications communicates with some one known or believed to be under 18, 16, or 14 - just have to facilitate - unless the person took all reasonable steps to believe someone is of that age

Answer 133

- Every person commits an offence who: ○ Transmits ○ Makes Available ○ Distributes ○ Sells ○ Sexually explicit material - To a person under one of the specified ages (18, 16 or 14 years) for the purpose of facilitating a specified sexual offence or abduction offence

Answer 134

- visual material - written material - audio recording of sexual content, sexual purpose

Answer 135

- The initial response a victim receives has serious implications on the victim’s long term outcome and the investigation - can be re-traumatized

Answer 136

everyone who - takes - converts - with intent - fruadulently or without colour of right - deprive, temp or absolutely the owner of it (or someione with special interest) of the thing or property can be over $5000 or under $5000

Answer 137

an honest belief in a set of facts or circumstances that if they actually exist constitute legal justification or excuse

Answer 138

- moves it, causes it to move or be moves or begins to cause it to become moveable shoplift exception: need to walk past cash register without paying and then prove they didn't forget to pay

Answer 139

some one who steals a M/V

Answer 140

- Everyone - Without consent of owner - Takes a motor vehicle/vessel - Intent to drive/use/navigate/operate or - cause it to be driven/used/navigated/operated or - Is an occupant knowing it was taken without consent SC must F/C

Answer 141

- if they weren't aware and attempt to leave when feasible

Answer 142

Every one who, by - deceit, falsehood or other fraudulent means, - whether or not it is a false pretence within the meaning of this Act, - defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,

Answer 143

Robbery with theft with violence, either: - uses violence to prevent or overcome resistance of the stealing - uses violence at the time or immediately before or after - assaults a person with the intent to steal - steals while armed with an offensive weapon indictable offence

Answer 144

break and enters a place with intent to commit an indictable offence or commits and offence or breaks out after

Answer 145

in absence of evidence, if someone b/E proof that they did it

Answer 146

indictable if in relation to a dwelling house, or dual if place other than a dwelling house

Answer 147

dwelling house, building other than a dwelling house, railway vehicle, boat, aircraft, trailer, animal enclosure - Does not include a car

Answer 148

- Every person without lawful excuse - Enters or is in a dwelling house - With intent to commit an indictable offence - without lawful excuse or evidence to the contratray if proof that they entered

Answer 149

when any part of their body or instrument is within anything being entered or entered by threat or artifice or collusion or without lawful justification permanent or temp entrance

Answer 150

Every person commits an offence who A. breaks and enters a place with intent to steal a firearm located in it; B. breaks and enters a place and steals a firearm located in it; - OR C. breaks out of a place after a. stealing a firearm located in it, or b. entering the place with intent to steal a firearm located in it.

Answer 151

- without lawful excuse - has in his possession - any intrument suitable for the purpose of breaking into any place - under circumstance that give rise to a reasonable inference - that it was intended or was used for any such purpose

Answer 152

- Everyone commits an offence who has -in his possession any property or thing or any proceeds of any property or thing knowing that - all or part of the property or thing or the proceeds was obtained by or derived directly or indirectly from an indictable offence

Answer 153

knowledge consent and control

Answer 154

there must be knowledge, consent, and a measure of control on the part of the person deemed to be in possession

Answer 155

an accused does not have physical custody of the thing but has it in any place for their own or another's use or benefit.

Answer 156

1. willfully 2. obstructs 3. lawfully execution of their duty

Answer 157

1. threaten a person from giving evidence 2. influences/ corrupts a juror 3. accepts bribes to abstained from giving evidence or refrain from doing anything as a juror

Answer 158

Everyone commits an offence who a) Falsely represents himself to be a peace officer or public officer; or b) Not being a peace officer or public officer, uses a badge or article of uniform or equipment in a manner that is likely to cause persons to believe that he is a peace officer or a public officer, as the case may be.

Answer 159

Everyone commits an offence who fraudulently personates another person living or dead, a. with intent to gain advantage for themselves or another person b. with intent to obtain any property or an interest in any property c. with intent to cause disadvantage to the person being personated or another person or d. with intent to avoid arrest or prosecution or to obstruct, pervert or defeat the course of justice.

Answer 160

Every person commits an offence who, without lawful excuse, procures to be made, possesses, transfers, sells or offers for sale an identity document that relates or purports to relate, in whole or in part, to another person. does not include acting in good faith, genealogical purposes, consent from the person who the id is or legitimate admin of justice

Answer 161

Everyone with intent to mislead, causes a peace officer to enter on or continue an investigation by: a) Making a false statement that accuses some other person of having committed an offence b) Doing anything intended to cause some other person to be suspected of having committed an offence that the other person has not committed, or to divert suspicion from himself; c) that an offence has been committed when it has not been committed; d) Reporting or in any other way making it known or causing it to be made known that he or some other person has died when he or that other person has not died.

FED LAW Flashcards

(185 cards)