1. Planned and deliberate 2. Victim is a cop on duty 3. Death occurs while commiting crimes such as sexual assault, kidnapping, forcible confinement , hostage taking

Chapter 9 Flashcards by jimmy litt

Conviction offence

Minor offences ex theft <5000$
Max penalty is 2000$ /or 6 months (unless narc)
Includes all provincial offences (quasi criminal)

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3 types of criminal offences

Conviction
Indictable
Hybrid

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Indictable offences

Serious crimes ex murder

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Penalty of indictable offences

Up to 25 to life

Max sentence is in c.c up to judge to decide actual time

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Hybrid offence penalty

Crown has right to choose weather to proceed summarily or by indictment depending on circumstance

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Violent crimes

Homicide

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Homocide

Killing another human being, either directly or indirectly

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Homicide can either be

Non culpable or culpable

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Non culpable

Death caused by accident or self defence

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Culpable

Blameable or criminal homoicide including murder, manslaughter, or infanticide

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Murder

Intentional killing with intent

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Min sentencing for murder

1st 2nd degree is 25 to life

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1st degree murder

Planned and deliberate
Victim is a cop on duty
Death occurs while commiting crimes such as sexual assault, kidnapping, forcible confinement , hostage taking

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2nd degree murder

Deliberate intentional killing not listed in first degree

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Manslaughter

Culpable homicide which only requires general intent

Directly or indirectly causing death with an unlawful act

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How can a conviction of murder be lessened (2)

Provocation -accused must lose control in “the heat of passion caused by sudden provocation “ and cause another’s death

Intoxication - killing and intent where drunk ness is at issue

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When will defence of drunk ness be successful

Accused was so intoxicated as to be incapable of forming the specific intent necessary for commiting the murder

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Equation

Provocation must be a wrongful act
+
Be such that it would cause an ordinary sober person to lose self control
+
Killing must take place during the loss of control

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Infanticide

Killing of a new born by the mother who is mentally disturbed by the birth
Less than 12 months
Max prison less than 5 years

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Suicide

Offence counsel anyone to commit suicide

Or to help someone accomplish the deed

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Euthanasia

Mercy killing of
A) voluntary- patient wants to die
B) involuntary- patient cannot give consent but someone else assumes responsibility

Ways of euthanasia

Active - drugs given for death

Passive- occurs when a persons condition is considered hopeless and so is never treated

Assault level 1

A)Intentional force to another person directly or indirectly without consent
B)Attempting or threatening to apply force
C)begging while openly wearing a weapon
D) allowed in sports but not beyond what is resonable

Assault level 2

A) carries /threatens/ imitates of uses weapon

B) causes bodily harm

Assault level 3 (aggravated )

Most severe A)wounds, maims, disfigured, endangers life B) men's rea is simply to commit harm

Sexual assault

Touching, sexual conduct with absence of consent

3 levels of sexual assault

Level 1- same as assault 1 with sexual conduct Level 2- same as 2 with sexual conduct Level 3- in commiting a sexual assault wounds maims or disfigured or endangers the life of victim

Punishment of level 3 sexual

Up to life

Consent

Not a defence where force is applied or threatened or person is intoxicated Victim is under 16 and over 12 unless less than 2 years older than victim No consent if victim says no with words or conduct

Robbery

Theft with violence , threat, assault, or weapon

Threat

"Empty the till" Simulating a weapon

Punishment of robbery

Up to life

Mischief

A) Destroying/ damaging property or data B) interfering with the lawful use or any person in the lawful use of property or data

Public mischief

Providing fake info to cops that cause police to investigate without a reason

Fraud

Deceiving someone in order to cause a loss of property, money or service (Under $5000 is hybrid or over $5000 is indictable 10 years

Prostitution

Act is self is not an offence The offence is communicating for purpose of hooker

Charge of prostituson

If in a public view : 1. Stops or attempts to stop a vehicle 2. Impedes the free flow of traffic 3. Stops or attempts to stop any person or communicates for the purpose of obtaining service

Pimping

Living off of others prostitution | indictable offence 14 years

Weapons

Anything used or intended for use in causing death or injury /threatening / intimidating

Use of weapon

One extra year of prison time

Two categories of weapons

1) prohibited weapons 2) restricted weapons - gun silencers. -fired with one hand - switch blades. -short semi/ folded - automatic firearms - sawed off guns

What offence do drugs fall under?

Federal jurisdiction

Schedule 1

``` Opiates: Herion Cocaine Methadone Codeine ```

Schedule 2

Cannabis: Marijuana Hash

Schedule 3

``` Amphetamines / methamphetamines Speed Ecstasy Lsd Mushrooms ```

Schedule 4

Barbiturates (depressants) Diazepam (Valium) Anabolic steroids

Punishment of secule 3 ?

3 years if possession | 10 years if trafficking

Two key offences (possession)

Knowledge -person must know what it is Control- person may be found in possession even if they gave the item to another person Consent-person can be charged with possession even if ur friends have it and you know about it

Two key offences (trafficking)

Sell, give, transport or distribute a controlled substance

How does crown prove one is trafficking

Intent to traffic, either by quantity, equipment or cash

Max penalty of trafficking ?

25 years