Chapter 6-8 Review

Question 1

Mens Rea

Answer 1

A deliberate intention to commit a wrongful act, reckless disregard for the consequences.

Question 2

Actus Reus

Answer 2

“The guilty act”- the voluntary action, omission or state of being that is forbidden by the criminal code.

Question 3

Quasi-criminal laws

Answer 3

laws covering less serious offences at the provincial or municipal level; most often punishable by fines

Question 4

Specific intent

Answer 4

The desire to commit one wrongful act for the sake of accomplishing another.

Question 5

Motive

Answer 5

The reason a person commits a crime.

Question 6

Hybrid offence

Answer 6

An offence that the Crown can try either as a summary or indictable offence.

Question 7

Counselling

Answer 7

A crime that involves advising, recommending, or persuading another person to commit a criminal offence.

Question 8

Perpetrator

Answer 8

The person who actually commits the crime.

Question 9

Trafficking

Answer 9

A criminal offence that involves selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance.

Question 10

Indictable offence

Answer 10

A more serious crime that carried a heavier penalty.

Question 11

Summary conviction

Answer 11

A crime that is considered less serious and carries a lighter penalty.

Question 12

Disorderly house

Answer 12

A common bawdy, betting or gaming house.

Question 13

Culpable homicide

Answer 13

A killing for which the accused can be held legally responsible.

Question 14

Possession

Answer 14

The state of having knowledge of and control over something.

Question 15

Aiding

Answer 15

A criminal offence that involves helping a perpetrator commit a crime.

Question 16

Conspiracy

Answer 16

An agreement between two or more people to carry out an illegal act, even if that act does not actually occur.

Question 17

Abetting

Answer 17

The crime of encouraging the perpetrator to commit an offence.

Question 18

Wilful blindness

Answer 18

A deliberate closing of one’s mind to the possible consequences of one’s actions.

Question 19

Theft

Answer 19

Taking property permanently or temporarily, without the owners permission.

Question 20

Robbery

Answer 20

The theft of personal property through violence or the threat of violence.

Question 21

Breaking and entering

Answer 21

Breaking or opening something in order to enter the premises of without permission with the information went to commit an indictable offence.

Question 22

Homicide

Answer 22

The killing of another human being, either directly or indirectly.

Question 23

General intent

Answer 23

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

Question 24

True or false: 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 24

False

Question 25

True or false: In cases of infanticide, the accused must be the natural mother of the victim.

Answer 25

True

Question 26

True or false: A “perpetrator” does not have to be present at the time of the crime

Answer 26

False

Question 27

What are the 3 different types of offences in the Criminal Code?

Answer 27

Indictable offence Hybrid offence Summary offence

Question 28

Who decides whether a hybrid offence will be tried as either a summary or indictable?

Answer 28

The crown

Question 29

What is the difference between mischief and public mischief?

Answer 29

Mischief is like vandalism while public mischief is like misleading/interfering with an investigation.

Question 30

Explain- what is a strict liability offence and what is an absolute liability offence?

Answer 30

The defendant is responsible for their actions. Unless if they can prove that they have done their due diligence. The accused guilty no matter what.

Question 31

How do police determine if someone is impaired?

Answer 31

``` Slurred speech Breathalyzer/blood sample Erratic driving Scent Inability to walk in a straight line ```

Question 32

What does sentencing for theft depend upon? How is robbery different from theft?

Answer 32

The sentencing depends on the amount stolen. Over $5000.00 has a maximum sentence of 10 years. Robbery is theft through violence or the threat of violence. Theft doesn’t involve violence.

Question 33

What are the 2 elements necessary for a crime to be called breaking and entering?

Answer 33

Breaking or opening something in order to enter the premise without permission. Intent to commit an indictable offence.

Question 34

What are the 3 types of homicide?

Answer 34

Murder Infanticide Manslaughter

Question 35

Where is 1 place (other than the Criminal Code) where you will find drug offences?

Answer 35

Controlled drug and substances act.

Question 36

What is possession?

Answer 36

The state of having knowledge of and control over something.

Question 37

Actus Reus

Answer 37

The guilty act

Question 38

Mens Rea

Answer 38

Guilty mind

Question 39

Elements of mens Rea

Answer 39

``` Intent Knowledge Recklessness Negligence Wilful blindness ```

Question 40

Elements of actus reus

Answer 40

Omission Voluntary action State of being

Question 41

Party to common intention

Answer 41

Shared responsibility among criminals for any additional offences that are committed in the course of the crime they originally intended to commit. (Unless it’s murder)