Criminal Law

Question 1

What does the blindfold represent on lady justice

Answer 1

justice is blind

Question 2

What does the scale represent on lady justice

Answer 2

everyone is given a fair trial

Question 3

What does the scale represent on lady justice

Answer 3

power and authority

Question 4

what is canadian criminal law rooted in

Answer 4

British common law

Question 5

who established British common law

Answer 5

King Henry the second

Question 6

what legal principle is common law based upon

Answer 6

stare decisis

Question 7

what doctrine is it based upon

Answer 7

magna carta

Question 8

what is the rule of law

Answer 8

no one is above the law

Question 9

what were the rape laws prior to 1983

Answer 9

• the victim had to be a woman
• the accused had to be male
• they could not be married
• sexual intercourse
• sexual history can be brought up in court
• implied consent was accepted as a defence
• extreme intoxication could be used as a defence

Question 10

what are the rape laws after 1983

Answer 10

• can be male or female victim and accused
• can be married
• sexual intercourse is not a requirement
• no statute of limitations
• intoxication is not accepted

Question 11

What did the bill change

Answer 11

rape is no longer, and it is now sexual assault

Question 12

What is sexual assault level 1

Answer 12

involves minor injuries
hybrid offence
max sentence summary 18 months
max sentence indictment 10 years

Question 13

what is sexual assault level 2

Answer 13

involves use of a weapon, bodily hard, or threats of violence
max sentence is 14 years

Question 14

what is sexual assault level 3

Answer 14

wounding, disfiguring, or endangering the life of the victim
max sentence is life
possible SOR

Question 15

what 2 elements must occur together for there to be a crime

Answer 15

mens rea
actus reus

Question 16

what is mens rea

Answer 16

the guilty mind

Question 17

what is actus reus

Answer 17

guilty act

Question 18

what age are you held criminally responsible

Answer 18

under 12

Question 19

who is considered a youth

Answer 19

12-17

Question 20

what legislation determines how to respond to youth

Answer 20

youth criminal justice act

Question 21

what is the max sentence for a youth with a second degree murder charge

Answer 21

4 years in custody, 3 years in community

Question 22

can youth in canada be sentenced as an adult

Answer 22

yes, at 14

Question 23

what is an alibi

Answer 23

the accused claims there is evidence that shows they could no have done the crime

Question 24

what must all alibi evidence have

Answer 24

has to have enough detail to be cross checked
must be stated well before the trial

Question 25

what are excuse defences

Answer 25

the conduct can be excused because the defendant lacked the mens rea

Question 26

what is NCRMD

Answer 26

result of a mental disorder

Question 27

what is automatism

Answer 27

impaired consciousness, involuntary intoxication, night terrors

Question 28

what is the mistake of law

Answer 28

unaware of the law of the crime that they comitted

Question 29

what is the mistake of fact

Answer 29

aware of the law, but believed they were not breaking it

Question 30

what are justification defences

Answer 30

admits to the offence, but argues the act was justified

Question 31

what is duress

Answer 31

the accused claims they involuntarily commited an offence because they were threatened with immediate harm "steal this or ill kill you"

Question 32

what is necessity

Answer 32

the accused claims they voluntarily committed an offence to prevent a greater harm from happening - speeding to get to a hospital

Question 33

what is the consent defence

Answer 33

claims the victim was a willing party in the offence stealing vs borrowing cannot consent to murder

Question 34

what is self defence

Answer 34

the accused argues that they inflicted harm on another person to protect themselves or others only reasonable force is used

Question 35

what is entrapment

Answer 35

when the police use manipulative techniqued to induce an individual into carrying out an offence - providing opportunity is not entrapment -inducing an individual to commit an offence they would not have otherwise is entrapment

Question 36

what is provocation

Answer 36

accused claims they were provoked into a violent reaction -can only be used for second degree murder -charged is reduced from murder to manslaughter