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Criminal Law Flashcards

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1
Q

What are morals?

A

Morals are those things between my creator and me or conscience that you feel is right or wrong

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2
Q

What are ethics?

A

Ethics are those things deemed appropriate or not by a profession or social class that you belong to. Ethics usually have some sort of qualifier

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3
Q

What are manners?

A

Manners are those social rules that everybody follows in order to maintain civil discourse.

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4
Q

What is the law?

A

The law is the minimal set of rules that are required in society so that we do not hurt one another. Its different from manners because while manners are concerned with maximizing conflict resolution and civil progress, the law is simply concerned with protecting us from each other

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5
Q

What is a crime?

A

In ordinary language, the term crime denotes an unlawful act punishable by the state

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6
Q

What are the conditions of a criminal offense?

A

Actus Reus
Mens Rea
Criminal State of Mind

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7
Q

What is actus reus?

A

Latin for a “guilty act”. For example, the crime of theft requires physically taking something (the actus reus) coupled with the intent to permanently deprive the owner of the object

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8
Q

What is Mens Rea?

A

Criminal intent. The state of mind indicating culpability which is required by statute as an element of a crime

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9
Q

What is the Criminal State of Mind?

A

Where an accused person has planned and committed the crime

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10
Q

What is criminal intention?

A

Criminal intention is defined as “the decision to bring about a prohibited consequence”
Anyone who plans an action may be aware of many probable and possible consequence
All of these consequences could be prevented through either the ceasing of a given activity or of taking action rather than refraining from action

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11
Q

What is criminal negligence?

A

Criminal negligence is an offence that arises primarily in situations involving the death of an innocent party as a result of the operation of a motor vehicle by a person who is under the influence of drugs and narcotics or alcohol

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12
Q

What is a motive?

A

Motive is used to explain why a person acted or refused to act in a certain way. If a person accused of murder was the beneficiary of a life insurance policy of the deceased, the prosecution might argue that greed was the motive for the killing

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13
Q

What is an attempt?

A

An attempt to commit a crime is an offense when an accused makes a substantial but unsuccessful effort to commit a crime

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14
Q

What is a conspiracy?

A

Conspiracy is a crime separate from the criminal act for which it is developed. For example, one who conspires with another to commit the burglary and in fact commits the burglary can be charged with both conspiracy to commit burglary and burglary

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15
Q

TAKE A BREAK

A

You’re finished intro to criminal law

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16
Q

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

A

An accused person is innocent until proven guilty

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17
Q

What does beyond a reasonable doubt mean?

A

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 offense

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18
Q

What is the order of the level of courts?

A

Supreme Court of Canada
Court of Appeal
Superior Court (Provincial)
Provincial Court

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19
Q

What is a summary offence?

A

A summary offence is a criminal act that has no jury trial
Summary conviction offences are punishable by a maximum penalty of 6 months of imprisonment, a fine of $5000 or both

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20
Q

What is an indictable offence?

A

An indictable offence 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

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21
Q

What is a hybrid offence?

A

A hybrid offence if the decision by the crown to prosecute based on the seriousness and type of crime
Keep in mind that judges have a flexibility to decide length of sentence it does not have to be the max

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22
Q

What is first-degree murder?

A

There was a clear plan and plotting for this murder before execution

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23
Q

What is second-degree murder?

A

No planning but previous relationship

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24
Q

What is manslaughter?

A

It was an accident but still needs to be accounted for

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25
Q

What is assault?

A

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.

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26
Q

What is assault causing bodily harm?

A

Bodily harm is defined as any hurt or injury to a person that interferes with the health or comforts of the person
Indictable: not exceeding 10 years
Summary Conviction; not exceeding 18 months

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27
Q

What is aggravated assault?

A

Aggravated Assault is assault with intent to murder, rob, rape, and assault with a dangerous weapon
Max: indictable offence not exceeding fourteen years

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28
Q

What is sexual assault?

A

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

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29
Q

What is aggravated sexual Assault?

A

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

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30
Q

What is the age of consent?

A

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

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31
Q

What is Sexual Interference?

A

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

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32
Q

What is the Invitation to Sexual Touching?

A

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

33
Q

What is Sexual Exploitation?

A

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

34
Q

What is Child Pornography?

A

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

35
Q

What is Luring a Child?

A

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

36
Q

What is Exposure?

A

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

37
Q

What is Procuring?

A

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

38
Q

What is Child Sex Tourism?

A

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

39
Q

What is Harrasment?

A

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

40
Q

TAKE A BREAK

A

You’re leveling up

41
Q

What are the details regarding cannabis?

A

Dope, Weed, Pot, Ganga
This is sold as resin (Hash) or as a dry herb
Buds are more potent than the stalks and leaves
It is usually smoked in a roll-up
Effects: users feel relaxed, giggly, and talkative
Problems: can feel anxious, paranoid and forgetful

42
Q

What are the punishments for cannabis?

A

Schedule 2: Cannabis (revoked)
Possession: Max 5 years imprisonment
Possession for the purpose of trafficking: max 5 years imprisonment

43
Q

What are the details regarding cocaine?

A

Coke, Snow
Cocaine is bought as a white powder
It is normally snorted but can be prepared for injection
Effects: users feel confident and strong
Problems: users become dependent and find they run into crime due to the high price of it

44
Q

What are the punishments for cocaine?

A

Schedule 1: Cocaine, Ketamine, Heroin
Possession: Max 7 years imprisonment
Possession for the purpose of trafficking: Max life imprisonment

45
Q

What are the details about LSD?

A

Acid Trip
Sold as squares of paper with cartoon designs
Takes up to half an hour to take effect
A trip can last for as long as 12 hours
Effects: changes the way that users see, hear things and hallucinate
Problems: ‘bad trips’ can be frightening, accident occur when users are not in control

46
Q

What are the punishments for LSD?

A

Schedule 3: LSD
Possession: Max 3 years imprisonment
Possession for the purpose of trafficking: Max 10 years imprisonment

47
Q

What are the details for Anabolic steroids?

A

Anabolic steroids are synthetic variations of the male testosterone
Common names are Juice and roids
Abuse may lead to problems such as paranoid jealousy, extreme irritability, delusions, and impaired judgement

48
Q

What are the punishments for Anabolic steroids?

A

Schedule 4: Anabolic Steroids
Possession: Max $1000 fine for first offence and/or maximum 6 months imprisonment
Possessions for the purpose of trafficking: Max 3 years imprisonment

49
Q

What are the details about prostitution?

A

Is the act of providing sexual services to another person in return for payment
The person who receives payment for the sexual serviced is called a prostitute and the person who receives such services is known by “John”

50
Q

What are the laws for prostitution?

A

In 2014, the SSC struck keeping a brothel (a location where sexual services are provided), living on the avails of prostitution (pimp) and street soliciting (you are for sale) as violations of the CCRF guarantee to life, liberty and security of the person
The law was updated in 2015
The bill criminalizes the sexual services of a person
The penalties include jail time - up to 5 years and minimum cash fines that go up after a first office (John)
Anyone who “receives a financial or other material benefit, knowing that it is obtained from the sale of a “sexual service”, faces up to 10 years in prison

51
Q

What are the details for pornography?

A

Is difficult to define
What is viewed varies from one person to another, from culture to culture
The term ‘pornography’ can ve sexually explicit material designed primarily to produce arousal
Pornographic material involved consenting adults is legal in Canada if it is not deemed to be obscene

52
Q

What are the laws for pornography?

A

It is against the law to save intimate images of a person under the age of 18 years old (child pornography) on a computer, phone, cloud storage or any other device
If someone shared the intimate image of a child/ren they are committing the offence of ‘distribution’
Once an intimate digital image is created it is almost impossible to control what happens with that image and it will always exist
In almost all cases the convicted person’s name appears on the federal sex registry

53
Q

TAKE A BREAK

A

Moving on

54
Q

What is an alibi

A

This refers to evidence that supports the claim that the accused was not present when the offence took place, rending involvement impossible. All alibi evidence must be disclosed to the crown
There is no onus on the accused to prove an alibi. An alibi does not need to be proven, but rather it must simple raise a doubt

55
Q

What is De Minimus Non Curat Lex?

A

The principle excludes certain acts from criminal sanction due to triviality. The principle is based on the premise that the law should not concern itself with such matters. The doctrine is that its “harmless conduct” perpetrated by someone
Examples
The theft of a “handful” of grapes from a grocery store
Incidental touching could be de minimus
Possession of drugs where the amounts are merely residual particles of a controlled substance

56
Q

What is Corrective Force?

A

Every school teacher, parent or person standing for a parent is justified in using force by way of correction toward a pupil or child who is under his care, if the force does not exceed what is reasonable
The “corrective” must also have “restrain or control”. Any punishment that endangers the life, health, or risk disfigurement will render the act unreasonable
Factors to be considered
Age and character of the child, nature of the issue
Circumstances and gravity of the correction
Effect of the punishment on the child

57
Q

What is Officially Induced Error?

A

The defence arises where the accused is given advice in error that is relied upon in doing the criminal act. An officially induced error is available as a defence to those who believe they are acting in a lawful manner, from being convicted

The error was one of law or law and fact
The advice obtained came from an appropriate official
The advice was reasonable in the circumstances
The accused must demonstrate reliance on the official advice

58
Q

What is Consent to Physical Contact?

A

The exception to this is for sports where the conduct is part of the norms of the particular sport. Thus sports players may consent to some bodily harm necessarily incidental. However, conduct that is deliberately for the purpose of inflicting injury will not be protected. Where the use of force is unreasonable and falls outside the parameters of the sport, there can be no consent

59
Q

What is Alternative Suspect Evidence?

A

The accused presents evidence tending to establish someone else as the culprit of the offence for the purpose of raising a reasonable doubt of their own responsibility. Alternate suspect evidence can include evidence that the police inadequately investigated alternate suspects or that they had “tunnel vision” and failed to pursue important lines of inquiry

60
Q

What is Abandonment?

A

It must occur before the offence takes place. It is often necessary that the accused testify to explain this
Exceptions
A group have jointly planned to commit murder and the accused assisted in the initial part of the plan but then leaves part way through
A party who abandons a planned robbery but was the one who provided the others with guns can be liable for the murder arising from the robbery
Abandonment test requirements
There must be a change of intention and physical change of place, timely communication to abandon the purpose to those who desire to continue in it
The accused took reasonable steps in the circumstances either to neutralize or otherwise cancel out the effects of his or her participation or to prevent the commission of the offence

61
Q

What is Innocent Possession?

A

This permits possession for lawful purposes such as delivering it to authorities. By establish this limit, there will be an absence of a blameworthy mind or conduct

62
Q

What is Mistaken Belief of Age?

A

An accused can only be found guilty of a sex offence which involves a minor where the accused has an honest belief the complainant was of an age of consent. The crown will prove beyond a reasonable doubt that the accused failed to take sufficent steps in all the circumstances to ascertain the age. It is understood that less familiar parties, more steps that are required to confirm there is consent to sexual activity
Factors to consider
Knowledge of the complainant
Physical appearance
Age and appearance of the complainant’s associates
Age differential between the accused and the complainant
Demeanor of the complainant
The time and location of the alleged sexual assault any other relevant time or places

63
Q

What is Strict Liability?

A

This offense mean that the onus of responsibility lies with the accused. The accused must prove that he/she took every action that a reasonable person would take to prevent the incident or offence from happening.
Strict Liability offences are
Driving without a seatbelt
Careless driving
Driving while suspended

64
Q

What is Absolute Liability?

A

With this offence, a driver cannot use the defence of due diligence. Therefore when you are charged with an absolute liability offence, you must show that the Crown did not prove beyond a reasonable doubt, that you committed the offence
Absolute liability offences are
Speeding
Failure to stop at a stop sign
Failure to stop at a red light

65
Q

What is Due Diligence?

A

The onus is on the accused to establish due diligence. The conduct of the accused is measured against that of “a reasonable” person in similar circumstances
Due diligence requires the accused to take all reasonable steps or “care” to avoid the harm that resulted/ Due diligence defence is also available where the accused has an honest but mistaken belief in facts which, if true, would render the act innocent

66
Q

What is Acting in authority?

A

This section provides a statutory defence to a criminal charge. Given the dangerous and demanding work of police, the conduct should not be judged against a standard
Use of force by a police officer. The court should consider that:
The officer is required or authorized by law to perform an action in the enforcement of the law
The officer acts on reasonable grounds in performing the actions ho or she is required or authorized by law to perform
The officer does not use unnecessary force

67
Q

What is Use of Deadly Force?

A

It can be justified where the commission of the offence is likely to cause immediate and serious injury. When considering, the court show consider the reasonable belief of the officer in all the circumstances as they existed at the time and the facts at the time

68
Q

What is Use in Aircraft?

A

Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft to any person

69
Q

What is Breach of Peace?

A

Everyone who witnesses a breach of the peace is justified in interfering to prevent the continuance and may detain any person for the purpose of giving him into the custody of a peace officer

70
Q

What is Use of Surgical Operation?

A

Everyone is protected from criminal responsibility for performing a surgical operation on any person for the benefit of that person
It is reasonable to perform the operation having regard to the state of health of the person at the time the operation is performed and to all the circumstances of the case

71
Q

Defence of Property

A

A property owner is permitted to use reasonable force to remove someone who is trespassing. The force must be “no more force than is reasonably necessary”

72
Q

What is Entrapment?

A

It refers to the legal defence that can be claimed by an accused in response to evidence of the commission of a crime. A proven claim of entrapment will result in the staying of the proceedings
It relies on the notion that certain police tactics “leave no room for the formation of independent criminal intent by the accused” and they should not be held liable. It balances the interests of police flexibility in “the techniques they use to investigate criminal activity against the use of” techniques would offend our notions of decency and fair play
The accused bears the burden of proof to demonstrate the prosecution is an abuse of process. A defence of entrapment cannot be used until the crown has proven all of the element of the offence and there is a finding of guilt
Then the question of guilt is determined. If found guilty, the judge determines whether there was entrapment

73
Q

What is Drug Trafficking?

A

An undercover officer who attempts to buy drugs from someone suspected of selling drugs does not constitute entrapment. Police are permitted to ask for a drug hook up

74
Q

What is Internet Luring?

A

Police are permitted to engage people on the internet in the same manner that police enter into neighbourhoods for engaging people for known illegal activity

75
Q

What is Duress?

A

It is available when a person commits an offence while under compulsion of a threat made for the purpose of compelling him to commit it
It does not apply where the offence is high treason or treason, murder, piracy, attempted murder, sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm, aggravated sexual assault, forcible abduction, hostage taking, robbery, assault with a weapon or causing bodily harm, aggravated assault, unlawfully causing bodily harm or arson

76
Q

What is Necessity?

A

Emergency situations where normal human instincts, whether of -self-preservation or of altruism or overwhelmingly disobedience. The defence provides a legal excuse for conduct making out the offence. The peril or danger must be more than just foreseeable it must be near and unavoidable it has to be no alternative but to break the law
It required proof that:
The accused must be in imminent danger
The accused must have had no reasonable legal alternative to the action
The harm inflicted by the accused must be proportional to the harm avoided by the accused
The accused has the burden to establish an air of reality. Once established the burden moves to the Crown to establish beyond a reasonable doubt that at least one of the element does not apply

77
Q

What is Intoxication?

A

It is a rare defence that only applies to non-violent offences
Degrees of intoxication:
Mild: Alcohol-induced relaxation of inhibition and acceptable behavious. This does not affect the mens rea of an offence
Advanced: There is an impairment of the accused’s foresight of the consequences of his acts, raising a reasonable doubt on the requisite mens rea
Extreme: Intoxication to the point of an automatism-like state. This degree of intoxication negates the voluntariness of the accused’s actions and would be a complete

78
Q

What is Provocation?

A

It is a partial defence that only applies to the charge of first or second degree murder. It can only have the effect of reducing to manslaughter. The accused’s reactions or response to the even must be equally sudden
The partial defence of provocation exists in law to acknowledge the inherent frailty of the human conditions a person can reasonable act inappropriately and disproportionately, but it is understandable to a sufficiently serious wrongful act or insult

79
Q

What is Automatism?

A

There are 2 types of automatism – Mental disorder automatism and non-mental disorder automatism
The mental disorder automatism leads to Not Criminally Responsible finding
The non-mental disorder automatism leads to an acquittal
The burden is on the accused to prove involuntariness. The accused has the burden to show evidence to the court and the legal burden of proving the facts. The defence must provide confirming psychiatric evidence
The person engages in “involuntary behaviour” such that a person who, though capable of action, is not conscious of what he is doing. It means an unconscious involuntary act where the mind does not go with what is being done. The law treats almost all automatisms as the product of a mental disorder leading to an NCR
Psychiatric or psychological evidence
It should establish:
Evidence of a document medical history of automatistic-like dissociative states
Evidence of a bystander about the appearance of the accused before, during and after the alleged involuntary conduct
Evidence of motive or absence of motive
Non-mental disorder automatism will usually occur when all the following are true:
The accused suffered a single incident of automatism
It was triggered by a specific external event
The trigger is unlikely to recur
The vent could have cause a dissociative state in a normal person

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