Ch 3

Question 1

Crime

Answer 1

Prohibition against certain conduct + penalty for violating prohibition

Question 2

Criminal law

Answer 2

Definitions of crimes; specifications of penalties; general principles concerning criminal responsibility, major defences

Question 3

2 Sources of Criminal law

Answer 3

1) Legislation 2) Judicial decisions (incl. common law)

Question 4

Federal Parliament enacts what? According to what?

Answer 4

1) Criminal law & procedures relating to criminal matters 2) Constitution Act

Question 5

Third element to definition of crime

Answer 5

Prohibition/penalty must be enacted against “public evil” / injurious behavior

Question 6

Indictable offenses carry more or less serious penalties than summary convictions?

Answer 6

More

Question 7

Provinces and territories enact legislation about what?

Answer 7

Health, education, highways, liquor control, hunting and fishing

Question 8

Common law

Answer 8

Body of judge-made law that has evolved in areas not covered by legislation

Question 9

One existing common law offense in Canada

Answer 9

Contempt of court

Question 10

Two cases where Charter was used to override criminal law?

Answer 10

1) Regulation of prostitution 2) Medical assistance in dying

Question 11

Exception to Charter rights?

Answer 11

Reasonable limits on Charter rights as can be demonstrably justified in a free and democratic society -> child pornography laws don’t infringe on freedom of thought, belief, expression

Question 12

Actus reus

Answer 12

Particular event or state of affairs was “caused” by the accused person’s conduct (mental element: act must be voluntary)

Question 13

Mens rea

Answer 13

Harmful conduct was accompanied by a certain state of mind. Guilty mind, wrongful intention

Question 14

Three components of Actus reus

Answer 14

1) Conduct 2) Surrounding “material” circumstances 3) Consequences of voluntary conduct

Question 15

Offense that doesn’t require proof of consequences for actus reus

Answer 15

Perjury

Question 16

Is failure to act part of the conduct in actus reus?

Answer 16

Only if accused was in legal obligation to act (eg. a parent, a prison guard)

Question 17

Automatism defense

Answer 17

Accused persons plunged into state of impaired consciousness and are not aware of what’s happening around them

Question 18

Subjective mens rea

Answer 18

Determination of what actually went on in the accused person’s mind

Question 19

3 forms of subjective mens rea

Answer 19

1) Intention and knowledge 2) Recklessness 3) Willful blindness

Question 20

Objective mens rea

Answer 20

Whether a reasonable person, in the same circumstances and with the same knowledge as the accused, would have appreciated the risk involved in the accused’s conduct and would have taken steps to avoid the commission of the actus reus

Question 21

Example of intention and knowledge

Answer 21

Knowingly committing incest; planned and deliberate murder, not impulsively

Question 22

Example of recklessness

Answer 22

Smoking near a flammable haystack, throwing cigarette onto haystack and causing it to light on fire

Question 23

Minimum standard for objective liability

Answer 23

Marked departure from standard of care expected of the reasonable person acting prudently

Question 24

Crown vs defendant has to prove what in regulatory offenses?

Answer 24

Crown proves actus reus; Defendant proves that they were not negligent

Question 25

3 cases to be party to criminal offense

Answer 25

1) Commits offense 2) Aids another person committing it 3) Encourages person to commit it

Question 26

Is it still party to a crime if the offense was committed differently than was incited?

Answer 26

Yes

Question 27

2 requirements to be party to offense having formed common intention even without being there

Answer 27

1) offense was committed to carry out “common purpose” 2) all members knew that commission of offense would be probably consequence of carrying out common purpose

Question 28

Inchoate crime

Answer 28

When someone tries to commit a crime but isn’t successful

Question 29

3 types of inchoate crimes

Answer 29

Attempt, conspiracy, counselling

Question 30

Counselling

Answer 30

Inticing another person to commit crime

Question 31

Is it possible to convict of criminal attempt even if the actual crime would’ve been impossible?

Answer 31

Y

Question 32

Conspiracy

Answer 32

Agreement by two or more people to commit

Question 33

Can convict of conspiracy if it’s one person plus an undercover cop planning to murder?

Answer 33

No – need two people with mens rea

Question 34

NCRMD

Answer 34

Not criminally responsible on account of mental disorder

Question 35

Is NCRMD if OCD impulse to commit crime?

Answer 35

No

Question 36

Mistake of fact

Answer 36

Not knowing the truth, eg. getting a second marriage believing your first husband is dead. Does not apply to ignorance of law

Question 37

Necessity

Answer 37

Committing lesser evil crime in order to avoid committing greater evil (eg. Alpinist breaking into cabin to avoid death)

Question 38

Duress

Answer 38

when defendant is forced to commit crime as a consequence of threats of death

Question 39

Provocation

Answer 39

Partial defense to murder (reduces to manslaughter).

Question 40

Two requirements of provocation

Answer 40

1) Accused responded to commission of serious crime by victim 2) Accused acted suddenly, before there was time for passion to cool

Question 41

Self defense

Answer 41

May use reasonable amount of force if resonably believe that they (or someone) is target of actual force or threatened