Criminal Law Flashcards

Question

What is ‘voluntariness’ in Actus Reus? Given an example…

Answer 1

Accused conduct must be **voluntary** If the conduct was determined to be the consequence of a *series of reflex actions beyond the control* of the accused, a defence of ‘automatism’ may be raised Automatism may be raised if the person committed when their *consciousness was impaired* to such an that they did *not have control of their actions* This is rarely used b/c it is difficult to prove Ex. Swam of bees came into your car you threw you arms around distracted - ended up hitting someone

Answer 2

He was from Scarborough Ontario Murder of mother-in-law and attempted murder of father-in-law (Barbara & Dennis Woods) KP had history of sleepwalking: - claimed that he had been sleepwalking during the crime - says he doesn’t remember driving there & killing Presented the defence of automatism in terms of Actus Reus, argued it was NOT ‘voluntary’ ***WON THIS CASE***

Answer 3

Omission applies **only** if the accused had a pre-existing *legal duty to act* Ex. - duty to rescue **applies** to a situation where *parent, or spouse* - or other relationship such as *correctional guard-prisoner*

Answer 4

In 2016 they were found guilty of *‘failing to provide the necessaries of life’* to their 19-month old son, Ezekiel Actus Reus^ Ezekiel believed to have died of *bacterial meningitis* The couple testified that they had been treating him with natural means before he died (garlic, horseradish - etc…) Appeal led to Supreme Court **acquittal** (experts testified that the cause of death was *viral meningitis*)

Answer 5

Dangerous Operation of Motor Vehicle (Max: 5 years) - no need to prove consequences (bodily harm or death) - no need to prove consequences (bodily harm or death) Dangerous Operation of Motor Vehicle Causing Bodily Harm (Max: 10 years) Dangerous Operation of Motor Vehicle Causing Death (Max: 14 years) ***MORE serious the consequence = MORE serious the sentence***

Answer 6

Consequences: - prejury (**guilty** whether or not anyone believes him/her) Conduct: - **cannot** be in *‘care or control’ of * vehicle while impaired Ex. Can’t be sitting in drivers seat with the car keys

Answer 7

Refers to all the **mental elements** (other than voluntariness) that the Crown must *prove* (beyond a reasonable doubt) in order to obtain a *conviction for a criminal offence* Refers to the **guilty mind**

Answer 8

1. Subjective Men’s Rea: - most *serious of crimes* should be determined based on this Ex. First-degree murder 2. Objective Men’s Rea: - predicted on principle that accused person should be convicted if *reasonable people, in the same situation*, would have appreciated that their conduct created a *risk of causing harm*, and would of *taken action to avoid doing so* - CANT use this for 1st degree murder

Answer 9

Justification or excuse

Answer 10

Mistake of fact Duress (someone forced you *against your will* to do this) Intoxication Not criminally responsible on account of mental disorder (NCRMD)

Answer 11

Accused made an **honest mistake** that *resulted in a crime* Ex. if a storeowner *unknowingly buys stolen merchandise* from a wholesaler ,and is **charged** receiving stolen merchandise = she could claim **fact defence**

Answer 12

Ignorance Cannot say “I didn’t know that was illegal”

Answer 13

True Cant expect Canadians to know everything, but they are expected to make us aware of a new law Ex. Crime Stoppers posters

Answer 14

Where the accused is found to have been **forced or compelled** by someone to *commit a criminal act* *DOES NOT apply* to cases of murder, sexual assault, or other serious offences Need *sufficient evidence* for duress Ex. Ruzic was living w/ her mother and flew back to Canada they found lots of heroin on her. Tried to argue that they said they would **kill** her mom if she refused. She was *acquitted* and her case was dropped VS Ex. *Correctional officer* trafficked drugs, she tried to argue that Hells Angels **forced** her to do this. Did NOT win case - she should of told someone as she held *power in her position*

Answer 15

Claim that *substances impaired their ability* to control their conduct May NOT be raised as a *valid defence* Involuntary intoxication (for example through **force**) is a *valid defence* Ex. Drug like acid dropped into drink at bar --> driving completely unaware there’s a drug in body

Answer 16

Involves the experience of *‘losing contact with reality’* Experienced by <3% of population May be experienced by people with *schizophrenia, schizoaffective disorder, bipolar disorder, depression, substance abuse disorder & brain injury/tumor* 2 parts: 1. Delusions: - **persecutory** (feeling that someone is watching or following you) - **grandeur** (common in bipolar mania, “I am the prime minister of Canada”, “I am a mult-millionaire” = grand untrue statements) 2. Hallucinations: - **any** of the senses may be involved - most often **auditory**

Answer 17

One has to be able to *appreciate the quality and nature* of an act or omission or **know it was wrong** A mental disorder means that the accused *lacks the capacity* to appreciate the nature of the act being committed

Answer 18

1. An *absolute* discharge 2. A *conditional* discharge 3. An order *holding them in custody in a psychiatric facility*