Crimes Against Persons

Question 1

What is the fundamental principle of Canada’s criminal justice system?

Answer 1

An accused person is innocent until proven guilty

Question 2

What is “beyond a reasonable doubt”?

Answer 2

A defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant did indeed commit the offence

Question 3

What is a Summary Offence?

Answer 3

It is a criminal act that has no jury trial
Summary conviction offences are punishable to a maximum penalty of 6 month of imprisonment, a fine of $5000 or both

Question 4

What is a Indictable Offence?

Answer 4

It is very serious
There is no limitation period for indictable offence – this means that the police can charge a person years after the offence occurred

Question 5

What is a Hybrid Offence?

Answer 5

If the decision by the crown to prosecute based on the seriousness and type of crime

Question 6

What flexibility do judges have?

Answer 6

They have the flexibility to decide length of sentence, it does not have to be the max

Question 7

What is first degree murder?

Answer 7

There was a clear plan and plotting for the murder
Ex. Drew drove his teacher crazy for 4 years and each night the teacher would go home and plot Drew’s death after he graduated. The opportunity presented itself and whack Drew was dead.

Question 8

What is second degree murder?

Answer 8

No planning but previous relationship
Ex. Gabriel owned a gun. He was loyal to his girlfriend throughout high school but in his last year Abbas came to the school. On the day before he graduated, Gabriel was going to surprise his girlfriend and ask her to marry him only to find her in bed with Abbas. Abbas died of a gunshot wound.

Question 9

What is manslaughter?

Answer 9

It was an accident but still needs to be accounted for
Ex. Jazzany was driving her car and texting Tamia that she would meet at the bus stop in front of Tim Hortons. It distracted her and she crashed into the bus stop killing Sabrina.

Question 10

What is assault?

Answer 10

An assault occurs when a person directly or indirectly applies force intentionally to another person without their consent or when a person attempts to apply such force, or threatens to do so.
An injury need not occur for an assault to be committed, but the force used in the assault may have caused injury.
In Canada, a consensual fight is not considered an assault.

Question 11

What is bodily harm?

Answer 11

It is defined as any hurt or injury to a person that interferes with the health or comforts of the person

Question 12

What is the punishment for assault causing bodily harm?

Answer 12

Indictable: not exceeding 10 years
Summary Conviction: not exceeding 18 months

Question 13

What is aggravated assault and the punishment for it?

Answer 13

It is assault with intent to murder, rob, rape, and assault with a dangerous weapon
Max: Indictable Offence not exceeding fourteen years

Question 14

What is the punishment for sexual assault?

Answer 14

Indictable Offence: max 10 years
Summary Conviction: max 18 months

Question 15

What is aggravated sexual assault and the punishment for it?

Answer 15

Committing a sexual assault that wounds, disfigures or endangers the life of the victim
Indictable Offence: max → life min → 4 years

Question 16

What is the age of consent?

Answer 16

The age of consent for sexual activity is 16 years
The Criminal Code protects 16 and 17 year olds against sexual exploitation, where the sexual activity occurs within a relationship of trust, authority, dependency

Question 17

What is sexual interference and the punishment for it?

Answer 17

No one can touch any part of the body of a child under the age of 16 for a sexual purpose
Penalty: max 10 years

Question 18

What is invitation to sexual touching and the punishment for it?

Answer 18

No one can invite a child under the age of 16 to touch himself/herself or them for a sexual purpose
Penalty: max 10 years

Question 19

What is sexual exploitation and the punishment for it?

Answer 19

No one in a position of trust or authority over 16 or 17 years old or upon whom the young person is dependant, can touch any part of the body of the young person for a sexual purpose or invite that young person to touch himself/herself for a sexual purpose
Penalty: max 10 years

Question 20

What is the punishment for child pornography?

Answer 20

No one may make, distribute, transmit, make available, access or possess child pornography
Penalty: max 5 or 10 years

Question 21

What is luring a child and the punishment for it?

Answer 21

No person may use the internet to communicate with a young person for the purpose of facilitating the commission of a sexual or abduction offence
Penalty: max 10 years

Question 22

What is exposure and the punishment for it?

Answer 22

No one may expose their genital organs for a sexual purpose to a young person under the age of 16 years
Penalty: max 6 months

Question 23

What is procuring and the punishment for it?

Answer 23

It is against the law for parents to procure their child to engage in illegal sexual activity. It is also against the law for anyone to offer or obtain the sexual services of a young person under the age on 18 years
Penalty: max 14 years

Question 24

What is child sex tourism?

Answer 24

It is against the law for a Canadian to travel outside of Canada and engage in any sexual activity with a young person. The Canadian would face the same penalty as if that offence had occurred in Canada

Question 25

What is harassment and the punishment for it?

Answer 25

No person shall cause other persons to fear for their safety or the safety of anyone known to them
Prohibited conduct consists of:
- Repeatedly following from place to place
- Repeatedly communicating with the other person
- Watching the place where the other person resides or works
- Engaging in threatening conduct directed to any member of the person’s family
Penalty: max not exceeding 5 years