Law Review Flashcards
True or False: A person who drives a vehicle with more than 80mg of alcohol in 100 ml of blood is not guilty of an offence if they can show that the alcohol did not affect them.
False
True or False: In cases of infanticide, the accused must be the natural mother of the victim.
True
True or False: A ‘perpetrator’ does not have to be present at the time of the crime.
False
What are the 3 different types of offences listed in the Criminal Code?
- Summary offences
- Indictable offences
- Hybrid offences
Who decides whether a hybrid offence will be tried as either summary or indictable?
The Crown prosecutor
What is the difference between mischief and public mischief?
Mischief involves damage to property; public mischief involves making false statements to police.
Explain - what is a strict liability offence and what is an absolute liability offence?
- Strict liability offence: No need to prove intent, but a defense is possible
- Absolute liability offence: No defenses allowed
How do police determine if someone is impaired? (give 3 sources of proof they use)
- Field sobriety tests
- Breathalyzer tests
- Observations of behavior
What is theft? What does sentencing for theft depend upon? How is robbery different from theft?
Theft is the unlawful taking of someone else’s property. Sentencing depends on value of stolen property. Robbery involves theft with the use or threat of violence.
What are the two elements necessary for a crime to be called breaking and entering?
- Unlawful entry
- Intent to commit an offence inside
What are the 3 types of homicide?
- First-degree murder
- Second-degree murder
- Manslaughter
Where is 1 place (other than the Criminal Code) where you will find drug offences?
Controlled Drugs and Substances Act
What is possession?
Possession is the control of a substance or object, with the intent to use it.
