Law 12 vocabulary chapter 9 Flashcards
Assault (level 1)
hybrid offence, max penalty of 5 years. ex. pushing pushing someone or threatening someone with violence. words cannot be considered assult by themselves, must be backed with an action.
Assault (level 2)
assault with a weapon or causing bodily harm. defined as injuring a person in a way that has serious consequences for the victims health or comfort. hybrid offence, max penalty 10 years imprisonment.
Assault (level 3)
most violent level of assault (called aggravated assault). defined as wounding, maiming, disfiguring, or endangering the life of the victim. indictable offence max penalty 14 years in prison.
Assault
threatened or actual physical contact without consent
sexual assault (level 1)
this is just regular sexual assault, where the victim suffers the least physical injury. max penalty is 10 years. hybrid offence.
sexual assault (level 2)
sexual assault with a weapon, threats to a third party, or causing bodily harm. involves sexual assault in combination with threats or the use of a weapon. max penalty 14 years
sexual assault (level 3)
aggravated sexual assault, wounding maiming disfiguring or endangering the life of the victim of sexual assault. max sentence of life in prison.
sexual assault
touching of a sexual nature that is not invited or consensual.
consent can be used in defence, unless either of these 3 instances
1) victim says no, verbally or with struggling (body language)
2) accused is intoxicated and is unable to determine if consent has been given
3) when accused is reckless or deliberately blind to victims responses
breaking and entering
breaking or opening something in order to enter the premises without permission with the intent to commit and indictable offence
colour of right
the honest belief that a person owns or has permission to use an item
controlled substance
any drug listed in schedules 1 to 5 of the controlled drugs and substances act
culpable homicide
a killing for which the accused can be held legally responsible
disorderly house
a common bawdy, betting or gaming house
first-degree murder
killing hat is planned and deliberate, is the result of a contract, causes the death of a peace officer, or is committed during another serious crime
fraud
intentionally deceiving someone in order to cause a loss of property, money or service.
homicide
the killing of another human being, directly or indirectly
hybrid offence
an offence that the crown can try as either a summary or indictable offence
indictable offence
a crime that is more serious than a summary conviction offence, and carries a heavier penalty
infantacide
the killing of a new born infant by the child’s mother
manslaughter
any culpable homicide not classified as a murder or infantacide
mischief
wilfully destroying or damaging property or data, interfering with the lawful use of property or data, or interfering with an person in the lawful use of property or data
theft under
hybrid offence of stealing goods worth under 5000 dollars
theft over
the indictable offence of stealing goods worth over 5000 dollars
trafficking
a criminal offence that involves selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance