Criminal Law Flashcards
What does the blindfold represent on lady justice
justice is blind
What does the scale represent on lady justice
everyone is given a fair trial
What does the scale represent on lady justice
power and authority
what is canadian criminal law rooted in
British common law
who established British common law
King Henry the second
what legal principle is common law based upon
stare decisis
what doctrine is it based upon
magna carta
what is the rule of law
no one is above the law
what were the rape laws prior to 1983
- 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
what are the rape laws after 1983
- 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
What did the bill change
rape is no longer, and it is now sexual assault
What is sexual assault level 1
involves minor injuries
hybrid offence
max sentence summary 18 months
max sentence indictment 10 years
what is sexual assault level 2
involves use of a weapon, bodily hard, or threats of violence
max sentence is 14 years
what is sexual assault level 3
wounding, disfiguring, or endangering the life of the victim
max sentence is life
possible SOR
what 2 elements must occur together for there to be a crime
mens rea
actus reus
what is mens rea
the guilty mind
what is actus reus
guilty act
what age are you held criminally responsible
under 12
who is considered a youth
12-17
what legislation determines how to respond to youth
youth criminal justice act
what is the max sentence for a youth with a second degree murder charge
4 years in custody, 3 years in community
can youth in canada be sentenced as an adult
yes, at 14
what is an alibi
the accused claims there is evidence that shows they could no have done the crime
what must all alibi evidence have
has to have enough detail to be cross checked
must be stated well before the trial
what are excuse defences
the conduct can be excused because the defendant lacked the mens rea
what is NCRMD
result of a mental disorder
what is automatism
impaired consciousness, involuntary intoxication, night terrors
what is the mistake of law
unaware of the law of the crime that they comitted
what is the mistake of fact
aware of the law, but believed they were not breaking it
what are justification defences
admits to the offence, but argues the act was justified
what is duress
the accused claims they involuntarily commited an offence because they were threatened with immediate harm “steal this or ill kill you”
what is necessity
the accused claims they voluntarily committed an offence to prevent a greater harm from happening
- speeding to get to a hospital
what is the consent defence
claims the victim was a willing party in the offence
stealing vs borrowing
cannot consent to murder
what is self defence
the accused argues that they inflicted harm on another person to protect themselves or others
only reasonable force is used
what is entrapment
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
what is provocation
accused claims they were provoked into a violent reaction
-can only be used for second degree murder
-charged is reduced from murder to manslaughter
