Criminal Law

Question 1

What is a crime?

Answer 1

It is the act or ommission of an act that is prohibited and punishable by federal statue.

Question 2

What are the 3 purposes of Criminal Law?

Answer 2

to. ..
- protect people and property
- maintain order
- preserve standards of public decency

Question 3

What is the CCC

Answer 3

the Criminal Code or Canada

a federal statute containing most of the Canadian criminal laws

Question 4

What are the elelemtns that make up a crime.

Answer 4

Mens Rea and Actus Reus

Question 5

What is Actus Reus?

Answer 5

guilty act

voluntary action, omission, or state of being that is prohibited by the CCC

Question 6

What is Mens Rea?

Answer 6

guilty mind

deliberate intention to commit a prohibited act

Question 7

By what 4 ways can you prove Mens Rea?

Answer 7

• Intent
• Knowledge (awareness of certain facts)
• Recklessness (takes an unjustifiable risk that a reasonable person wouldn’t take)
• Willful Blindness (totally disregarding the consequences of your actions)

Question 8

What is General Intent?

Answer 8

the desire to commit a wrongful act woth no other ulterior motive.

Question 9

What is Specific Intent?

Answer 9

the desire to commit a wonngful act as a step towards another wrongful act…a steping stone.

Question 10

What are the two exceptions to Mens Rea?

Answer 10

Strict liability offences and absolute liability offences

Question 11

What is the difference between Strict and absolute liability offences?

Answer 11

strict: defence due diligence
absolute: no defence

Question 12

What does Aiding vs Abetting a crime mean?

Answer 12

Aiding: when you help
Abetting: encouraging or supporting somone to comite the crime

Question 13

What does it mean to be the perpetrator of a crime?

Answer 13

the persone who actually commits the crime

Question 14

What does is mean to be accessory after the fact to a crime?

Answer 14

when someone knowingly receives or assists a perpetrator in escaping from the police

Question 15

Is an incomplete crime punishable by law? What are the types of partial crimes?

Answer 15

Yes

• Attempt: somone with an inttnet do commit a crime but the crime is not completed.
• Conspiracy: two or more people who hav emade an agreememtn or plan to comit an ilegal act even if they dont carry it out.

Question 16

Explain the three levels of criminal offences?

Answer 16

1) Summary conviction (lightedst scentence, max 2 years)
2) Indictable offences (heavyer scentence min 2 years)

1.5) Hybrid offences can be truied as either summary or indictable

Question 17

What are the sub-orgainizations of Homicide? from least to most severe.

Answer 17

• 1st degree murder
• 2nd degree murder
• infanticide
• manslaughter

Question 18

What are the sub-levels of assault and sextual assault in order of least to most severe?

Answer 18

1
- A:
- SA: non-consentual touching (Hybrid offence)
2
- A:
- SA: threats, armed, causing bodily harm
3
- A: threat to life, disfiguement
- SA: rape

Question 19

What are the sub-orgainzations of motor vehicle offences?

Answer 19

• Dangerous driving
• failure to stop (hit and run)
• impaired driving

Question 20

What are four criminal offences aginst property?

Answer 20

• theft under 5 000
• theft over 5 000
• robbery
• breaking and entering

Question 21

What is mischief?

Answer 21

• willfully destroying or damaging
• interfering with lawful use of
• intefering with and peron in the lawful use of

property or data

Question 22

What is fraud?

Answer 22

intentionally deciving somone in order to cause a loss of property, money or service

Question 23

Where are the charges related to drug offences outlined?

Answer 23

Controlled Drugs and Substances Act

Question 24

What are the different types of drug offences for controlled substances?

Answer 24

• Possession
• Possiession for the purposes of trafficking
• Trafficking

Question 25

What are the six main goals of sentencing?

Answer 25

• Protection of the Public
• Retribution
• Deterrence
• Denunciation
• Restitution
• Rehabilitation