Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Code > Cases to know (post midterm > Flashcards

Cases to know (post midterm Flashcards

1
Q

what is the case law associated with R. v. Tatton

A

determining the mens rea

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are the rules for determining the mens rea according to R. v. Tatton

A
  1. what is the mental element required?
  2. Does it require specific or general intent?
    a. what does caselaw say?
    b. if its not clear…
    i. what is the importance of the mental element
    ii. the social policy underlying the offence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

R. v. Tatton dictates that which things might need to be proved to show specific intent

A
  • an ulterior purpose
  • actual knowledge of certain circumstances or consequences
  • an intent to bring about certain consequences
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

according to R. v. Tatton, what is general intent

A

mental elements related to the performance of the illegal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

according to R. v. Tatton, what is specific intent

A

heightened mental element involving more complicated thought and reasoning processes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is the case law associated with R. v. Kowlyk

A
  • doctrine of recent possession
  • the unexplained possession of recently stolen property is sufficient to allow an inference of guilt of both theft and offences incidental (even in the absence of other evidence of guilt)
  • must establish that the goods were stolen and a break-in happened
  • J may infer guilt
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

R. v. Kowlyk is associated with which crime

A

THeft

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what case law is determined by R. v. Newell

A
  • difference between robbery (a) and (b)
  • (a) dictates the violence can be against a stranger
  • (b) says it must be against the person that was stolen from
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

R. v. Newell is associated with which crime

A

Robbery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what case law is determined by R. v. George

A
  • if you are intoxicated and cannot form the mens rea for theft
  • can be convicted of assault if they knew they were applying force to a person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

R. v. George is associated with which crime

A

Robbery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what case law is determined by R. v. Johnson

A
  • the breaking part of breaking and entering includes entering any temporary opening
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

R. v. Johnson is associated with which crime

A

Break and Enter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what case law is determined by R. v. Farbridge

A
  • if you enter a retail store by the public entrance during business hours is not “breaking in” even if the purpose is to hide until they close and steal a bunch
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

R. v. Farbridge is associated with which crime

A

Break and Enter

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what case law is determined by R. v. Ausland

A
  • an inclosed space (like a backyard) is not a “structure” that is needed for break and enter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what happened during the appeal for R. v. Ausland

A
  • was convicted of theft (not break and enter)
  • sent back to TJ for resentencing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

what case law is determined by R. v. L’Heureux

A
  • the person must have known the thing was stolen
  • even if TJ is not convinced that this person didn’t know, they must acquit if there is a chance their explanation is true
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

R. v. L’Heureux is associated with which crime

A

Possession of property obtained by crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

describe what happened in the R. v. Vinokurov case

A
  • pawn shop owner bought items for his store from a person who was known to be an inmate on parole
  • the police discovered stolen goods in the store
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what was the conviction in the R. v. Vinokurov case

A
  • TJ found him guilty of 7 counts of possession of stolen property
  • appealed
  • convictions quashed, new trial ordered on all counts
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

why was the appeal allowed in the R. v. Vinokurov case

A
  • TJ erred in determining recklessness
  • (recklessness is not an element of mens rea so its irrelevant)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

what case law is determined by R. v. Hewitt

A

under suspicious conditions, failure to inquire as to proof of ownership is wilful blindness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

R. v. Hewitt is associated with which crime

A

Possession of property obtained by crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

what case law is determined by R. v. Theroux and what crime

A
  • D’s belief that the conduct is not wrong and no one will be hurt is not a defence
  • fraud
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

what case law is determined by R. v. Maybin

A

must determine that D’s dangerous and unlawful acts significantly contributed to cause V’s death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

R. v. Maybin is associated with which crime

A

culpable homicide

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

what case law is determined by R. v. Thibert

A

to determine if an “ordinary person” would react the same way, they must be of the same sex and age as well as sharing all of the other conditions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

R. v. Thibert is associated with which crime

A

Murder reduced to manslaughter

30
Q

what case law is determined by R. v. Leblanc

A
  • breach of duty is not enough for criminal responsibility
  • MUST include wanton or reckless disregard
31
Q

R. v. Leblanc is associated with which crime

A

criminal negligence

32
Q

what case law is determined by R. v. Coyne

A
  • examples of legal duty
  • duty to safely store firearms
  • parents duty to care to children
33
Q

R. v. Coyne is associated with which crime

A

criminal negligence

34
Q

what case law is determined by R. v. Sanchez

A
  • breaks down essential elements of criminal harassment
  • D engaged in conduct listed in the section
  • V was harassed by D’s conduct
  • D knew/ was wilfully blind to V being harassed
  • D’s conduct made V fear for their/ others safety
  • V’s fear was reasonable
35
Q

R. v. Sanchez is associated with which crime

A

criminal harassment

36
Q

what case law is determined by R. v. M. (ML)

A

lack of resistance is not consent

37
Q

R. v. M (ML) is associated with which crime

A

assault

38
Q

what case law is determined by R. v. Leclerc

A

consent is not a defence where force used was intended to cause bodily harm (hockey players can’t consent to dying on the ice)

39
Q

R. v. Leclerc is associated with which crime

A

assault

40
Q

what case law is determined by R. v. Corrier

A
  • if PO is making an illegal arrest/ doing illegal actions at the time of the “assault”
  • the force used can be lessened to “assault” rather than assaulting a peace officer
41
Q

R. v. Corrier is associated with which crime

A

assaulting a peace officer

42
Q

what case law is determined by R. v. GF

A

breaks down the actus reus and mens rea of sexual assault

43
Q

R. v. GF is associated with which crime

A

sexual assault

44
Q

what case law is determined by R. v. V (K.B.)

A
  • lists things that should be considered when looking into sexual assault… including (not all need to be proven tho):
  • body part touched
  • nature of contact
  • words/ gestures accompanying conduct
  • D’s intent
  • presence/ absence of sexual gratification
45
Q

R. v. V. (K.B.) is associated with which crime

A

sexual assault

46
Q

what case law is determined by R. v. Dirksen

A

D’s conduct toward V during time surrounding sex. assault may be relevant to motive and nature of relationship between parties

47
Q

R. v. Dirksen is associated with which crime

A

sexual assault

48
Q

what case law is determined by R. v. Gallie

A

D showing V porn may be evidence of sexual purpose & invitation

49
Q

R. v. Gallie is associated with which crime

A

sexual assault

50
Q

what case law is determined by R. v. farouk

A

evidence that D sought interaction w women shortly before attack on V is relevant to establishing sexual purpose (like going to a strip club and then attacking a woman after)

51
Q

R. v. Farouk is associated with which crime

A

sexual assault

52
Q

what case law is determined by R. v. A.R.D

A

absence of after the fact avoidant behaviour or change in behaviour by V is irrelevant and cannot form the basis of assessment leading to reasonable doubt of D’s guilt

53
Q

R. v. A.R.D is associated with which crime

A

sexual assault

54
Q

what case law is determined by R. v. Chase

A
  • objective test
  • viewed in the light of all the circumstances, is the “sexual nature” of the assault visible to a reasonable observer
55
Q

R. v. Chase is associated with which crime

A

sexual assault

56
Q

what are the two aspects of consent as defined by R. v. GF

A
  • subjective consent (did THIS V voluntarily agree to sexual activity, not what a reasonable person would do)
  • consent is effective as a matter of law (not up to the jury)
57
Q

what case law is determined by R. v. P (LT)

A
  • mistake of age is an exception to “consent no defence where C is under 16 years…”
  • must have had reasonable belief that they were of age, and have taken all reasonable steps to confirming it
58
Q

R. v. P (LT) is associated with which crime

A

Consent no defence

59
Q

describe the case in Canadian Broadcasting Corp. v. New Brunswick

A
  • person plead guilty to multiple sexual offences
  • at the sentencing hearing, counsil asked for no public and media to be present (only victims and family)
  • J granted exclusion order based on the nature of the evidence (that the offence was of a very delicate nature and victims were young)
  • CBC reporter requested reasons for the exclusion order
  • J said it would avoid undue hardship to victims and accused
  • decision was appealed
60
Q

what was the result of the appeal in Canadian Broadcasting Corp. v. New Brunswick and why

A
  • appeal allowed
  • exclusion order quashed and media and public are allowed access
  • because: insufficient evidence to support a concern for undue hardship to the accused or to the complainants
61
Q

what case law is determined by R. v. Jones

A
  • plain view doctrine
  • seizure power is limited to visible things (not an exploratory search for other evidence)
62
Q

R. v. Jones is associated with which crime

A

seizure without a warrant

63
Q

what case law is determined by Canada (AG) v Chambre des notaires du Quebec

A
  • used to determine if s8 charter rights are offended
  • must ask the questions: did person have reasonable expectation of privacy about search or thing seized and if so, was the search/ seizure an unreasonable intrusion on that right of privacy?
64
Q

Canada (AG) v Chambre des notaires du Quebec is associated with which crime

A

s8 right of the charter violation (nature of the right and guarantee)

65
Q

what case law is determined by R. v. Reeves

A

valid consent acts as a waiver of right

66
Q

R. v. Reeves is associated with which crime

A

s8 of the charter (nature of the right and guarantee)

67
Q

what case law is determined by R. v. Grant

A

exigent factors – if imminent danger of loss, removal, destruction, or disappearance of evidence if search & seizure delayed will often be consideration as to
lawfulness of search and seizure without a warrant

68
Q

R. v. Grant is associated with which crime

A

s8 of the charter (warrant review and remedies)

69
Q

what case law is determined by R. v. Clarke

A

unless specifically stated, sentencing legislation does not apply retroactively

70
Q

R. v. Clarke is associated with which section of the code

A

sentencing

71
Q
A

Criminal Code (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions