Ch. 6/8 True or False (Don’t Do All At Once Too Many)

Question 1

A person who drives a vehicle with more than 80 mg of alcohol in 100 ml of blood is not guilty of an offence if they can show that the alcohol did not affect them

Answer 1

False (even if the alcohol didn’t affect them, if their blood alcohol is higher then allowed they are in the wrong)

Question 2

A perpetrator doesn’t have to be present at the time of the crime

Answer 2

False (Has to be)

Question 3

The mother isn’t the only one who can be accused of infanticide

Answer 3

False (Only Mother)

Question 4

The accused is allowed to choose whether they want their hybrid offence to be treated like a summary conviction, or a indictable one

Answer 4

False (The crown chooses)

Question 5

Theft of goods under $5000 have a maximum punishment of 2 years in prison, while over $5000 carry a maximum punishment of 10 years in prison

Answer 5

True

Question 6

A source of determining someone’s impairment while driving is the driver saying he is not drunk or under a drug influence

Answer 6

False (Not one of the sources)

Question 7

If the police have reasonable or probable grounds to believe an impaired person was driving, they can demand a person to take a Breathalyzer test

Answer 7

True

Question 8

For a crime to be considered breaking and entering, all that needs to be proved to prove the accused guilty, is that they broke in

Answer 8

False(Have to also have the intent to commit an indictable offence once inside)

Question 9

Most cases, to be proved, need both Actus Reus and Mens Rea

Answer 9

True

Question 10

Actus Reus is “the guilty mind” while Mens Rea is “the guilty act”

Answer 10

False (guilty mind= Mens Rea

guilty act= Actus Reus)

Question 11

There are 4 conditions for an act or omission to be considered a crime

Answer 11

True (pg.159 textbook)

Question 12

Criminal law is the body of laws that prohibit and punish acts that injure individual people, property, and the entire community

Answer 12

True

Question 13

Crime only has an effect on the direct victim

Answer 13

False( also society as a whole)

Question 14

Provincial governments can make laws for the whole country as well as their province

Answer 14

False (only laws which effect provinces)

Question 15

Adultery is a criminal offence in Canada

Answer 15

False (Used to be)

Question 16

What society considers wrong makes the laws of Canada change over time

Answer 16

True

Question 17

Mens Rea is to prove that the accused person didn’t know the thing they were doing was wrong and didn’t know the consequences

Answer 17

False (they did know and was reckless to the consequences)

Question 18

To aid a perpetrator the person does not have to be at the scene of the crime

Answer 18

True

Question 19

It can be a crime to have knowledge of/plan to commit a crime, even if you are not directly involved in it

Answer 19

True (Party to Common Intention)

Question 20

An attempt or conspiracy to commit a crime is not an offence

Answer 20

False (It is)

Question 21

A summary offence can be tried in both federal and provincial courts

Answer 21

False (Only provincial)

Question 22

An Indictable offence can be tried in Superior Court or Provincial Court

Answer 22

True

Question 23

A culpable homicide is a killing for which the accused can be held legally responsible

Answer 23

True

Question 24

A murder charger has three different type of degrees

Answer 24

False (Only 1st and 2nd degree)

Question 25

Manslaughter is any homicide that is not murder or infanticide.

Answer 25

False (Any culpable homicide that is not murder or infanticide- not non-culpable homicide)

Question 26

Assault, and sexual assault both have 3 levels of offences- name all three each

Answer 26

True