Chapter 9 Vocab

Question 1

Assault Level 1-3

Answer 1

Assault is the most common violent crime in Canada. There are three different levels. Level 1 of regular assault is a hybrid offence with a maximum penalty of 5 years imprisonment. This includes pushing someone or threatening physical violence. However, words alone cannot be considered assault and must be accompanied by a gesture or act. Level 2 is also a hybrid offence. This is assault with a weapon or causing bodily harm. The maximum sentence is 10 years in prison. Level 3 is an indictable offence. This is aggravated assault (wounding, maiming, disfiguring or endangering victim’s life) with a maximum penalty of 14 years in prison.

Question 2

Sexual Assault Level 1-3

Answer 2

There are three different levels of sexual assault similar to regular assault. The first level consists of sexual touching that is uninvited or non-consensual. It is a hybrid offence with a maximum penalty of 10 years in prison. The second level is sexual assault with a weapon or threats to a third party or causing bodily harm. This level carries a maximum sentence of 14 years in prison. The third level is aggravated sexual assault. This involves wounding, maiming, disfiguring, or endangering life. This is the most violent level and carries a maximum sentence of life imprisonment.

Question 3

Breaking and Entering

Answer 3

This is breaking into a place with the intent to commit an indictable offence. This is classified under Section 348 of the Criminal Code. Breaking into a commercial building is a hybrid conviction with a maximum sentence of 10 years in prison. On the other hand, breaking into a residential house is an indictable conviction with a maximum sentence of life in prison. The reason for the difference in sentencing for these two situations is because it is believed that people have a right to security in their own homes. However, breaking into a place without the intent to commit an indictable offence is not considered breaking and entering (someone is lost and breaks into a cabin for shelter).

Question 4

Colour of right

Answer 4

It is the belief that a person owns or has permission to use a particular item. This is often used as defence to a charge of theft. However, if the colour of right has lapsed, it becomes theft.

Question 5

Controlled Substance

Answer 5

This is any drug that is listed in Schedules 1 to 5 of the Controlled Drugs and Substances Act.

Question 6

Culpable homicide

Answer 6

This is a killing that the accused can be held legally responsible for. This is where one intentionally causes the death of another person or demonstrates such recklessness that these actions are likely to cause death. Examples include murder, infanticide and manslaughter.

Question 7

Disorderly house

Answer 7

This is a common bawdy(prostitution), betting(people place bets on a horse race or sport such as a football game), or gaming house where people go to play a card game such as poker and gamble while the keeper of the house keeps a portion of the winnings from the game. This is against the law unless it is a government-operated lottery or game. It is a criminal offence to operate a common gaming house, be found in one or permit a place to be used as one. If one is found in a common gaming house or is permitting a property to be used as one, one can be charged with a summary conviction offence. If one is the keeper or operator of the gaming house, one is guilty of an indictable offence and can be sentenced to a prison term of up to two years

Question 8

First-degree murder

Answer 8

This is a killing which is planned and intended, is the result of a contract, causes the death of a peace officer, or part of committing another serious crime (hijacking, sexual assault, kidnapping, hostage taking), and is not accidental. Anyone convicted of first degree murder has to serve 25 years in prison before qualifying for parole.

Question 9

Fraud

Answer 9

This is to misrepresent the facts, to lie, or to deceive someone with the objective of making money or obtaining a benefit. In order to convict a person of fraud, the Crown has to show that the accused purposely intended to deceive. Examples of fraud include making false employment records, not collecting bus fares if a bus driver, manipulating the stock market and forging trademarks.

Question 10

Homicide

Answer 10

This is the killing of another human being, either directly or indirectly. The two main types of homicide are culpable (blameable) and non-culpable (not blameable).

Question 11

Hybrid offence

Answer 11

This is where the Crown can choose to try the accused either through summary conviction or indictment. The Criminal code is very clear when an offence is hybrid. Hybrid offences (also known as dual procedure offences) are always looked upon as indictable until charges are laid in court.

Question 12

Indictable offence

Answer 12

This is an offence, which in Canada, is more serious than offences that can proceed by the way of summary conviction and has a heavier penalty. This is the Canadian equivalent to the USA “felony”. Examples include murder and treason. The way an indictable offence is tried in court is different according to the severity of the sentence.

Question 13

Infanticide

Answer 13

Infanticide is the killing of a newborn infant by the child’ s mother. There are three conditions that must be met in order for the murder to qualify as infanticide. Firstly, the accused must be the natural mother of the victim. Secondly, the victim must be less than 12 months old. Thirdly, the accused must have been suffering from a mental disturbance caused by the birth of the child.

Question 14

Manslaughter

Answer 14

This is any killing of another human being for which an accused can be held legally responsible (culpable) and is not murder or infanticide. The Actus Reus is killing someone through a wrongful act even if the killing was not intentional. The Mens Rea is that any reasonable person could have foreseen that the wrongful act would pose a risk of bodily harm that was neither insignificant nor temporary. However, to be found guilty of manslaughter, the accused did not have to foresee that the wrongful act could result in death. Often, the police would be given the choice on charging the individual with criminal negligence causing death or manslaughter. The police can charge the accused with one but not both for the same offence. Murder can be reduced to manslaughter if the accused can show provocation on the part of the victim (acted in the heat of passion caused by sudden provocation).

Question 15

Mischief

Answer 15

Mischief is committed by willfully destroying or damaging property or data, causing property or data to be useless, interfering with the lawful use of property or data, or interfering with any person in the lawful use of property and data. Mischief against property and data are both hybrid offences. For mischief that endangers life, it is not necessary for the actual harm to materialize as long as the act has been committed. Mischief which endangers another person’s life can result in a maximum penalty of life in prison.

Question 16

Theft Under

Answer 16

Theft under is the stealing of goods under $5000. This is a hybrid offence with a maximum penalty of 2 years in prison.

Question 17

Theft Over

Answer 17

Theft over is the stealing of goods over $5000. This is an indictable offence with a maximum penalty of 10 years imprisonment.

Question 18

Trafficking

Answer 18

This is a criminal offence that consists of selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance. The penalties for trafficking are harsher than possession. This is because trafficking results in goods spreading out into the community, causing further harm than the end user who would be charged with simple possession. To prove possession for the purposes of trafficking, the crown needs to prove beyond a reasonable doubt that the accused possessed the controlled substance with the intention of trafficking. Intention of trafficking can be shown through possession of a much larger amount of substance than required for personal use. However, if in possession of a much smaller amount but there is other evidence supporting the intention to traffic (weigh scales, bags, lists of names, large amount of cash), intent can also be proven.

Question 19

Public Mischief

Answer 19

This is a hybrid offence that is different than regular mischief. Public mischief causes the police to make an investigation when there has been no crime committed or possibly misleads the police during an investigation.

Question 20

Money Laundering

Answer 20

Money laundering is the practice of transferring cash or other property to hide its illegal origin. Alternatively, it can be defined as “the activity of covering up the fact that money has been made or is going to be used illegally by moving funds through one or more foreign and local banks and/or different people and organizations along the way.” To prevent criminals from being able to transport and conceal the source of the money they earn from criminal activity, money laundering has been classified as a criminal offence. Money laundering is a hybrid offence. To obtain a conviction, the Crown must prove three elements. One of these elements is Actus Reus which is “any use, transfer, or possession of, sending or delivering, transporting, transmitting, altering, disposing of, or otherwise dealing with any proceeds of crime.” The second element is Mens Rea which consists of both “the intent to conceal or convert the illegally obtained money or property,” and “the knowledge that all or part of the money or property was illegally obtained.” The final third element is referred to as the “subject matter of the offence” which means that the money or property obtained through money laundering must exist.

Question 21

Murder

Answer 21

This is the intentional killing of another human being and is a type of culpable homicide. The mandatory minimum sentence is life in prison. There are two types of murder - first-degree and second-degree.

Question 22

Non-culpable homicide

Answer 22

This is a killing that a person cannot be held legally responsible for. This can happen when there is an unforeseeable accident, you are defending yourself or others, or you are a soldier acting upon orders in time of war. In countries that sanction the death penalty, execution is considered a form of non-culpable homicide.

Question 23

Possession

Answer 23

This is the actual custody and physical control of property as well as knowing that you have it and are agreeing to hold it. The person in possession must know what the item is and have some control over it. One can be charged with possession even if one gave the item to someone else. One can also be charged with possession if one consented to possession by someone else. This consent can be implied if one says or does nothing to remove himself or herself from the situation.

Question 24

Prostitution

Answer 24

This is the act in engaging in sexual services in return for money. With respect to the legal aspects of prostitution, it is legal to communicate with the intention of selling sex in some circumstances (but not a public setting, not stopping or attempting to stop a car, not disrupting pedestrian or car traffic from a specific premises, not stopping or communicating with a person to obtain sexual services). It is also legal to advertise your own services and live off the profits made. However, it is illegal to sell sex near any area where a person under 18 years of age could reasonably be expected to be present. It is also illegal to actually purchase sexual services which can result in punishment of up to five years in jail with fines that begin at $500 and increase with subsequent offences. Fines double if this is done anywhere where children may be present. Finally, it is also illegal to advertise the sale of others’ sexual services or to live off of the profits made from their services.

Question 25

Provocation

Answer 25

These are words or actions that may lead to a reasonable person to act irrationally or lose self-control. Murder can be reduced to manslaughter if the accused can show provocation on the part of the victim.

Question 26

Robbery

Answer 26

This is theft involving violence or the threat of violence. The maximum sentence is life in prison. However, when handling robbery with a firearm, the minimum sentence is 4 years in prison.

Question 27

Second-Degree Murder

Answer 27

This is a murder that was not planned. The minimum sentence is life imprisonment similar to first-degree murder. However, in the case of second-degree murder, one can usually apply for parole after serving 10 years in jail in contrast to 25 years for first-degree murder.

Question 28

Summary conviction offences

Answer 28

These are less serious, minor offences that carry light penalties. The procedure and punishment tends to be less onerous. The maximum punishment is 6 months in jail and/or a $2000 fine. The accused does not necessarily need to be present in court. The offence is tried in Provincial Court with a judge or justice of the peace rather than a jury. Examples include prize fights, public nudity, and disturbing worship.

Question 29

Theft

Answer 29

This is the act of taking another person’s property with a plan to keep it either temporarily or permanently, without the owner’s permission. It is the most commonly reported criminal offence in Canada. Under Section 322 (1), every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent:

(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or his property or interest in it;
(b) to pledge it or deposit it as security;
(c) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform; or
(d) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time it was taken or converted