Criminal law

Question 1

Requisite intention

Answer 1

Mens rea that crown has to prove

Question 2

Absolute and Strict liability - what kind of offence

Answer 2

Regulatory offence, no criminal offence

Question 3

Information

Answer 3

Prepared to get a warrant

Question 4

Prelim only for

Answer 4

Indictables

Question 5

Sentencing

Answer 5

Pre sentencing report prepared by probation officer plus victim impact statement

Question 6

Process

Answer 6

Crime, investigation, arrest, arraignment, bail, crown disclosure, conference, prelim, trial, then re arraignment

Question 7

2 types of defence

Answer 7

Negativing defence: raise reasonable doubt(alibi), affirmative defence: justify the act of accused

Question 8

General intent offence

Answer 8

Can’t be used as intoxication,

Question 9

Retribution

Answer 9

Punishing someone who commits a crime, must be fair

Question 10

Sentencing aims

Answer 10

Denunciation, rehabilitation, separation, detterence

Question 11

Sentencing procedure

Answer 11

Summary- immediate sentencing
Indictable: pre sentencing report, victim impact statement, helps judge decide
Sentencing hearing: considers aggravating circumstances, mitigating circumstances

Question 12

Criminal offence must have

Answer 12

Actus reus and mens rea

Question 13

Subjective vs objective mens rea

Answer 13

Objective: reasonable person had the intent
Subjective: takes into account other factors

Question 14

Blood splatters

Answer 14

Height of fall, direction of blow

Question 15

Police powers and charter

Answer 15

Admissibility of evidence (sec 24), Search and seizure, habeus corpus, cant search w/o warrant

Question 16

Most trials are dealt with

Answer 16

Guilty pleas

Question 17

Jury array

Answer 17

Potential jurors

Question 18

Who can be a jury member

Answer 18

18+ citizen

Question 19

Empanneling a jury

Answer 19

Picking the 12

Question 20

Jury nullification

Answer 20

Jury decides on an acquittal not because the law is bad but because they believe the law doesnt apply in that specific case

Question 21

Jury challenges

Answer 21

Peremptory challenges: defence/crown wants a jury member off, doesnt have to give reason
Challenge for cause: jury is impartial

Question 22

Defences

Answer 22

Automatism, duress/compulsion, self defence, mistake of fact, mental disorder, intoxication

Question 23

Mistake of fact

Answer 23

Accused didnt know the facts, mens rea not present, happens in sexual assault cases

Question 24

Mental disorders

Answer 24

Not fully acquitted, they need to find a course of treatment. Still dangerous to society

Question 25

Automatism

Answer 25

State of impaired consciousness, (bee and motorcycle)

Question 26

Intoxication

Answer 26

Defence would show accused didnt have the intention

Question 27

Manslaughter

Answer 27

Min 4 years max life

Question 28

Infanticide

Answer 28

5 years

Question 29

3 levels of assault

Answer 29

Simple assault- spitting
Assault with a weapon- bodily harm, beating w a bat
Aggravated assault: wounds maims disfigures endangers life

Question 30

theft

Answer 30

Over 5000, max 10 years, under 5000, max 2

Question 31

Possession of drugs

Answer 31

Hybrid, indictable - 7 years, summary- 6 months or 1000 fine

Question 32

Trespassing at nigbt

Answer 32

Almost always summary, $2000 fine or 6 months

Question 33

Breaking and entering

Answer 33

Usually indictable, if commercial property: up to 7 years, if home, life

Question 34

Causing a disturbanxe

Answer 34

Summary almost always, 6 months imprisonment, or $2000 fine

Question 35

Mischief

Answer 35

Over 500, upto 10 years, 2 years summary