Criminal Law

Question 1

Normative sentencing principles

Answer 1

1. denunciation
2. Retribution
3. Restoration

Question 2

Common law vs. Statutory law

Answer 2

Common law: crimes against the person and property- case law, judge decided
Statutory law: issues of morality (gambling,sexual activity,drug offences)-codified law, CCC

Question 3

Inchoate offences

Answer 3

Attempting conspiracy, preparation for crime

E.g. Placing a bomb in a car but it doesn’t go off- nothing happened but you are still charged for crime

Question 4

Exclusive jurisdiction

Answer 4

Indictable offence always tried in a superior court. Will always have a judge and jury and prelim- inquiry.

E.g. Murder

Question 5

Absolute jurisdiction

Answer 5

Less serious indictable offence will be tried in provincial court. Could go as a hybrid offence. No prelim or jury

Question 6

Electable offence

Answer 6

Accused can choose how they want to be tried.

Question 7

Max penalty for summary conviction

Answer 7

$2000 or 18 months in jail. Super summary can be up to $5000, higher possible jail sentences

Question 8

Hybrid offences

Answer 8

Can be tried by summary or indictment. Deemed indictable until crown elects otherwise.

E.g. Assault, impaired driving, theft, child porn

Question 9

Examples of summary conviction

Answer 9

Loitering, harassing phone calls

Question 10

Examples of indictable offences

Answer 10

Murder (up to life), arson (14), bigamy (5), causing bodily harm (4-14)

Question 11

Examples of super summary offences

Answer 11

Invitation to sexual touching, sexual interference, failure to provide necessities of life

Question 12

Role of the crown

Answer 12

Lay all credible evidence before relevant to alleged crime. Not about getting a conviction, just laying the evidence.

Question 13

Role of the defence

Answer 13

Protect the client as far as possible from being convicted. Must not disclose privileged info, must not mislead.

Question 14

Strict liability crimes

Answer 14

Crimes that do not require mens rea because you are strictly doing what the statute prohibits

Eg speeding, dumping toxic wastes

Question 15

Types of punishments (outcomes of trial)

Answer 15

1. Absolute discharge
2. Conditional discharge
3. Suspended sentence
4. Fine
5. Conditional sentence (half way between probation and jail)
6. Incarceration

Question 16

Actus reus

Answer 16

Voluntary act of something illegal

Can include omission

Question 17

Mens rea

Answer 17

Criminal intent

Guilty intention/mind/mental state considered morally blameworthy

Question 18

Subjective fault elements

Answer 18

Look more specifically at the situation at hand

1. Intention
2. Knowledge
3. Recklessness
4. Willful blindness

Question 19

Objective fault elements

Answer 19

Result of your behaviour was objectively foreseeable.

Question 20

Defences

Answer 20

1. ignorance of the law
2. Provocation
3. Mental disorder
4. Automatism
5. Intoxication
6. Necessity
7. Duress
8. Self defence

Question 21

Parties

Answer 21

1. Aiding (something that helps)
2. Abetting (doing something that encourages the person to commit the crime)
3. Counselling (telling them how to commit a crime)
4. Accessory after the fact (helps person after they committed the crime eg getaway car)

Question 22

First degree murder

Answer 22

1. Planned and deliberate
2. Contract killing
3. Peace officer
4. Death during indictable offence

Life in prison with parole eligibility after 25 years

Question 23

Second degree murder

Answer 23

Anything that isn’t first degree. Eligible for parole after 10 years

Question 24

Manslaughter

Answer 24

No subjective intent to kill someone. (Heat of passion, no cooling off period)

Question 25

Consent can be vitiated if:

Answer 25

1. Obtained through force
2. Fear
3. Fraud
4. Exercise of authority

Question 26

Utilitarian sentencing principles

Answer 26

1. Deterrence (general and specific)
2. Incapacitation
3. Rehabilitation