law defences/offences Flashcards
1
Q
criminal code
A
- a federal statute that is meant to reflect the current social values of Canadians
- first enacted in 1892
- outlines clear and concise definitions of what a criminal offence is
- also establishes a range of punishments the judge can impose when a person is convicted of an offence
2
Q
criminal law is a _____ responsibility
A
federal
3
Q
homicide
A
the killing of another person, directly or indirectly
4
Q
culpable homicide
A
blamable or criminal homicide
5
Q
non-culpable homicide
A
homicide for which a person will not be held criminally responsible
6
Q
murder
A
intentional homicide (though direct intent is not necessary for it to exist)
7
Q
first-degree murder
A
- the most serious form of homicide, as defined in the criminal code
- happens if its planned/deliberate, the victim is a law enforcement agent, or the death occurs while another crime is being committed
- min sentence is life, eligible for parole after 25 years
8
Q
second-degree murder
A
- murder that does not meet the conditions of first degree murder
- min sentence is life, eligible for parole after 10 years
9
Q
causation
A
the cause of death in legal terms
10
Q
manslaughter
A
- culpable homicide that is not murder or infanticide
- requires only general intent
- if there is doubt as to whether the accused specifically intended to kill the victim because the accused was drunk or high, the accused must be found guilty of manslaughter, not murder
11
Q
assisted suicide
A
the act of counselling, aiding or abetting someone to commit suicide (prohibited under section 241 of the criminal code)
12
Q
euthanasia
A
type of assisted suicide that is mercy killing, usually to relieve suffering
13
Q
assault
A
the application or threat of force without the other person’s consent
14
Q
level one assault
A
consists of one of these actions:
- applying intentional force to another person without their consent (punching)
- attempting, threatening or gesturing to apply force against someone (waving a fist)
- approaching or blocking the way of another person (aggressive panhandling in Toronto)
- max penalty is 5 years
15
Q
are harmful words assault?
A
nah
16
Q
level two assault/ assault causing bodily harm
A
- generally involves a physical attack with a weapon
- causes bodily harm to the victim, which requires medical attention
- max penalty is 10 years
17
Q
level three assault/aggravated assault
A
- the most serious of three levels of assault in Canadian law
- an attack so severe that the physical injuries may threaten the life of the victim
- max penalty of 14 years in prison
18
Q
sexual assault
A
the broad term for the three levels of sexual assault
19
Q
level one sexual assault
A
- almost the same as criminal assault, only difference is that it occurs in relation to sexual conduct or when the victim’s sexual integrity is violated
- could involve minor injuries or no injuries to victim
- max term of 10 years
20
Q
level two sexual assault
A
- sexual assault with a weapon or an imitation of a weapon, threats, or causing bodily harm to the victim
- max term of 14 years
21
Q
level three sexual assault
A
- sexual attack so serious that the victim’s physical injuries may even be life threatening
- max penalty of life
22
Q
consent
A
- agreement given freely and voluntarily
23
Q
rape shield
A
limits the defendant’s ability to cross-examine sexual assault complainants about their past sexual behaviour and sexual history
24
Q
age of consent
A
- the age at which a young person can legally consent to sexual activity, which is 16
- where there is a relationship of trust, authority, or dependency (such as a doctor) the age of consent in Canada is 18 years
- close in age/peer group exception is when a 14/15 year old can consent to engage in sexual activity with some one who is less than 2 years older
25
factors to determine whether a young person is being exploited sexually
- age difference
- evolution of the relationship
- control or influence over the young person
26
abduction
- the illegal, forced removal of a child under age 16 from the custodial parent
- may also include removing a child from foster parents or child welfare agencies
- max penalty is 14 years
27
robbery
- theft involving violence or threats of violence
| - max penalty is life imprisonment
28
types of property crimes
- fraud
- arson
- various types of theft
- break and enter
- possession of stolen goods
29
arson
- intentionally causing damage to property by fire
- mens Rea can also be formed if the fire occurred as a result of reckless action
- where there is no danger to life, max penalty is 14 years
- if it recklessly causes bodily harm: life imprisonment
30
theft
- taking someone's property without her or his consent
- the act must have been fraudulent (intention to do something wrong)
- person taking item must not have legal right to it
- person must have intent to deprive the owner of the property, or convert it to his or her own use
31
colour of right
the legal right to a property
32
identity theft
using someone's personal information without his or her consent to commit a crime
33
break and enter
entering someone's premises without permission with intent to commit an indictable crime
34
possession of stolen goods
- anyone possessing stolen goods worth $5000 or more can get up to 10 years if treated as indictable
- if value is less than $5000, sentence is max 2 years
- if treated as summary: sentence is up to 6 months of imprisonment or a fine of $2000
35
fraud
- intentional deceit in order to cause a loss of property
- the accused must have known his/her actions could cause a loss to others
- when value of fraud exceeds $5000, offence is indictable, max 14 years
- less than $5000 is either indictable (max 2 years) or summary (max 6 months or up to $2000 fine)
36
false pretences
presenting untruths or false info to induce the victim to act upon it
37
firearms
- firearms act requires all gun owners to be licensed and registered
- licensing shows that person has taken a course such as the Canadian Firearms Safety Course and is allowed to possess and use firearms
- registration certificate identifies a firearm and links it to its owner to provide a means of tracking the firearm
38
non-restricted firearm
- any rifle or shotgun that is neither restricted nor prohibited
- do not need to be registered because they are rarely used in homicides
39
restricted firearm
a firearm that needs to be registered
40
prohibited firearm
a firearm that a person is not allowed to possess
41
firearm license
- when 18 years of age, everyone who wants a firearm must apply for a possession and acquisition license
- everyone must take the Canadian Firearms Safety Course
42
street racing
- the criminal offence of driving a vehicle at high speeds in a reckless and dangerous manner
43
penalties for street racing
- dangerous operation or criminal negligence causing bodily harm: 14 years
- dangerous driving causing death - life
- mandatory suspension of driving licenses
44
prostitution
sexual activity in exchange for money (legal)
45
soliciting
communicating for the purpose of prostitution (illegal)
46
procuring
- directing customers to a prostitute
- living off the earnings of a prostitute
- illegal
- penalty is much harsher than for soliciting or keeping a bawdy house, because without procuring, prostitution may not happen at all
47
obscenity
words, images, or actions that are offensive to public morality
48
child pornography
- penalty is 14 days to 5 years in prison for possession
- it's illegal for people to access child porn online
- it's illegal to communicate with children online for sexual purposes
- difficult to regulate
49
terrorism
- the unlawful use of force or violence to further certain political or social objectives
- does not have to take place in Canada
- government can publish the names of terrorist groups
- it is an offence to collect or provide funds for terrorist activists
- gov't has the right to freeze any property that is used to assist terrorist groups
- financial institutions must report to the gov't any assets they have that belong to an identified terrorist group
- the can detain suspects without charging them
50
criminal harassment
- the pursuit of repeated communication with an unwilling victim
- max penalty is 10 years
- most incidents involve a person that the victim knows
51
drug
- a chemical substance that alters the structure or function of a living organism
52
controlled substances
- any material listed in the controlled drugs and substances act
53
4 schedules of drugs
- schedule I: most dangerous drugs (like cocaine)
- schedule II: cannabis and its derivatives
- schedule III: many of the more dangerous drugs previously found in the food and drugs act (like LSD)
- schedule IV: drugs that must be controlled but have therapeutic benefits (like barbiturates)
- it is illegal to possess drugs from schedule I, II, or III
54
authorization to possess
legal authority to possess and produce marijuana for medical purposes
55
traffic
- to sell, administer, give, transfer, transport, send, or deliver a controlled substance
- penalty ranges from 18 months to life depending on the drug being trafficked
56
random virtue testing
when a police officer encourages someone to commit an offence, even if there is no reasonable suspicion that the person is already engaged in the particular criminal activity (illegal)
57
police rights of search and seizure under the act
- police have the right to search for controlled substances and drugs
- officer may only act without a warrant if the situation is urgent and it is impractical to obtain one
- cannot stop and search a person for drugs in a public place
- reasonable grounds kiddo
58
the tackling violent crime act in terms of impaired driving
- authorizes police officers to conduct roadside sobriety tests to see whether a person is impaired by alcohol, drugs, or a combo of both (they can take samples of bodily fluids)
- it makes it an offence to refuse to cooperate with police demands for physical sobriety tests or bodily fluids samples
- it allows only scientifically valid defences against impaired driving
59
motor vehicle
- a vehicle that moves other than by muscular power, not including railway equipment
60
dangerous operation of a motor vehicle
- it is an offence to operate a motor vehicle in a way that is dangerous to the public in any public place (though no people have to be present)
61
failure to stop at the scene of an accident
- you must stop at the scene if you are involved in an accident
- you must give your name and address to the other party
- you must offer to help victim if they are hurt
- punishment for failure to stop at the scene of an accident is up to 5 years
- goes to 10 if someone is injured
- goes to life if death happened
62
impaired driving
- care or control is when mens Rea exists
- actus rea is the action of assuming care or control and if they are over the 80 mg limit
- police officer can decide to charge you based on a number of tests
- steadily decreasing since 2004
63
blood-alcohol concentration
- a measure of concentration of alcohol in a person's blood
| - over 80 mg is illegal for driving (0.08 reading)
64
roadside screening test
- a test given by police to check for impaired driving
65
spot checks
- roadside screening test is done (offence to refuse)
- provides the police officer with the reasonable grounds to take someone to the police station for a formal breathalyzer test
66
impaired driving: provincial and territorial
- they can suspend a driver's license for a short period of time (12-24 hrs) if an approved screening device shows a blood-alcohol level of over 50 (in BC its over 30)
67
defence
the accused's response to criminal charges
68
alibi
- a defence that the accused was not at the scene of the crime when it took place
- includes a statement indicating that the accused was not present at crime scene, an explanation of the accused's whereabouts, and the names of any witnesses to the alibi
69
automatism
involuntary action by someone who's in a state of impaired consciousness, without control of his/her actions; insane automatism is caused by a disease of the mind
70
non-insane automatism defence
- "temporary insanity"
- maybe be the result of a physical blow, physical ailments such as a stroke, hypoglycemia, sleepwalking, intoxication, or severe psychological trauma
71
insane automatism
not criminally responsible providing that :
- at the time the act was committee, he/she was suffering from a mental disorder
- the mental disorder made the individual incapable of appreciating the nature of the act or knowing that the act was wrong
72
not criminally responsible
not criminally responsible because of a disease of the mind
73
intoxication
- accused must prove that he/she did not have the required intent at the time the offence was committed
- any intoxicated person who was unable to form specific intent before striking someone cannot be found guilty of a specific intent offence (aggravated assault), but only a general intent offence (assault)
- can lower conviction from murder to manslaughter
74
the Carter defence
recognizes that machines and the police officers who operate them sometimes make mistakes
75
evidence to the contrary
evidence that disputes the evidence put forth by the crown
76
battered woman syndrome
a psychological condition caused by severe domestic violence
77
self-defence
- the legal use of reasonable force in order to protect oneself
- theory is that the accused is in the right, and the victim got what he/she deserved
- accused must feel that the threat was real
- killing assailant is justified if a person reasonably believes that his or her life is endangered
78
necessity
- an excuse for a criminal act committed due to immediate and urgent circumstances
- accused persons did not truly act voluntarily, but forced to act out of certain dangers
79
duress
- threat or coercion to force someone to do something against his/her will
- requires threats of death or bodily harm from a person present when the offence is being committed
- excludes murder and other offences
80
is pleading ignorance of the law an accepted defence?
no
81
mistake of fact
a defence that shows a lack of mens rea due to an honest mistake
82
entrapment
police action that induces a person to commit an offence
83
double jeopardy
- being tried twice for the same crime
- goes against section 11 of the charter
- autrefois acquit is when the accused states that he/she has already been acquitted of the charge
- autrefois convict is when the accused states that he/she has already been convicted of the same charge
84
provocation
- the act of inciting to commit a crime in the heat of passion
- act must occur immediately after the provocation so there's no cooling off period
85
if the accused drank so much that loss of self control was bound to occur, can they use defence of intoxication?
nope
86
voluntary euthanasia
the person who wishes to die is able to give consent or permission. legal in case of euthanasia
87
involuntary euthanasia
the person is not able to give consent because they are incapacitated (like in a coma). in these cases, the person's family may provide consent to remove life support equipment, which is legal
88
mail theft
stealing mail to access personal info for fraudulent financial activity
89
skimming
reading credit card data or PIN from the magnetic stripe of the card
90
phishing or spoofing
fraudulent e-mails or websites that ask for personal info
91
theft from databases
hacking into large private or government databases
92
there has been an ____ in bodily injuries and fatalities involving car races
increase
93
what happens if an accused is deemed unfit to stand at trial?
he/she may be sent back to prison or more likely a psychiatric facility until he/she is deemed fit for trial
94
if someone is declared not criminally responsible, what happens? what are the options from there?
a provincial review board decides on the sentence.
not a threat: he/she may be discharged back into society.
still a threat: he/she is referred for treatment and the case is reviewed annually
95
what defence was officially recognized in Canada after R. v. Lavalee, 1990?
the battered woman syndrome
96
five types of identity theft
- mail theft
- phishing/spoofing
- theft from databases
- skimming
- theft from personal spaces
97
R. v. Daviault
- drunk man sexually assaulted 65-year-old woman
- found not guilty because there was a reasonable doubt as to whether he had possessed the minimal intent necessary to commit the crime
- angered many Canadians because it dealt with moral culpability
98
result of r. v. Daviault
- drunkenness is no longer a defence for general intent offences
99
theft from personal spaces
- thieves target places such as residences, offices, or cars in which the owners have left wallets or purses
- dumpster diving is rummaging through garbage in dumpsters or trash bins to remove documents containing valuable personal info
