Lec 2

Question 1

What is a crime

Answer 1

Crime is any conduct that has a prescribed punishment

Question 2

Where are crimes defined

Answer 2

Criminal code/law of Canada

Question 3

Indictable offences

Answer 3

Murder, kidnapping, terrorism, drug trafficking, robbery, aggravated sexual assault

Min 2 years
Max life in prison

Question 4

Summary offences

Answer 4

Soliciting a prostitute, drunk driving, causing a public disturbance– less harmful offences

Max penalty is 5k

Question 5

Mixed or hybrid offences

Answer 5

Assault, sexual assault, assault with a weapon, theft under 5k, fraud under 5k

Can be tried as either kind of offence

Question 6

Actus reus

Answer 6

Refers to the guilty action or all non-mental elements of a crime

Question 7

Actus reus consists of three elements

Answer 7

Conduct (voluntary)
Circumstances
Consequences

Question 8

Does Canada have “duty to rescue” laws

Answer 8

No but Quebec is an exception (people have the obligation to protect others from harm if they have no harm caused to themselves)

Question 9

Under what circumstances in the Canada Criminal Code is failure to act a crime

Answer 9

-There was a pre-existing duty to act (eg. parents)
-An individual creates a hazardous situation

Question 10

Mens rea

Answer 10

Refers to the mental elements contained in the definition of a criminal offence
-Guilty mind

Question 11

Subjective mens rea- relating to the individual context

Answer 11

The accused should be convicted if

They deliberately intended the consequences
They subjectively realized the consequences might occur
They were willfully blind to the consequences

Question 12

Objective mens rea- relating to the general context

Answer 12

Someone should be convicted if a reasonable person would have avoided the act

The judge or jury decide whether the accuse acted reasonably

Question 13

When is objective mens rea not used

Answer 13

Serious crimes such as murder that require proof of subjective mens rea

Question 14

Strict liability offences

Answer 14

Applies to most regulatory offences (eg driving offences)

The accused has to she he was not negligent
Accused assumed to know the regulations
Penalties are lenient
No intentions needed

Question 15

Criminal law

Answer 15

Defines meaning of crimes and identifies penalties

Question 16

What does criminal law adress

Answer 16

True crimes

Question 17

3 components of criminal law

Answer 17

Prohibition
Sanction
Directed against a “public evil”

Question 18

Legislation sources of criminal law in Canada

Answer 18

Constitution (Act of 1867)
Statutes-Criminal code of Canada
Regulatory Law

Question 19

Other sources of Criminal law in Canada

Answer 19

Common Law (except Quebec which retains French system)
International law from the UN

Question 20

The Criminal code of Canada

Answer 20

First passed in 1892

Defines criminal acts and the legal elements that must be present for a conviction

Specifies the criminal procedure to be followed in prosecuting a case and the powers of CJS officials

Question 21

Minimum Age of Criminal Responsibility in Canada

Answer 21

12 years of age (UN recommend)

Question 22

What form of defense is given to a child below the age of 12

Answer 22

Defense of infancy

Question 23

Parties to criminal offences (section 21)

Answer 23

A person can be convicted of a crime if

They commit the offence
Assists in the offence
Formed common intention with others to commit an offence
Counsels the commission of an offence
Accessory after the fact (Unintentionally helps someone after the crime)

Question 24

Inchoate crimes

Answer 24

The accuser seeks to bring about commission of a particular crime, but he/she isn’t successful in doing so

Question 25

Examples of inchoate crimes

Answer 25

Attempt, conspiracy, counselling

Question 26

Defense of not criminally responsible on account of mental disorder (NCRMD)

Answer 26

Absence of a “guilty mind”-mens rea

It does not mean freedom to the accused

Question 27

Do most individuals in the NCMRD commit violent crimes

Answer 27

No, less than 3 percent of all violent crimes come from people with mental illness

Question 28

Where do most NCMRD cases come from

Answer 28

BC Ontario Quebec

Question 29

Allan Schoeborn

Answer 29

Killed his three children but wasn’t sane at the time of the killings, is now in a psychiatric hospital in BC

Question 30

Defense of mistake of fact

Answer 30

The accused made an honest mistake that resulted in a crime

Question 31

Defense of intoxication

Answer 31

May be a defense if it prevents the accused from forming intent required for a specific offence.

Expert evidence is needed for successful defense

Question 32

Can defenses get rid of a sentence

Answer 32

No, only lessen them

Question 33

Defense of necessity

Answer 33

The person commits a less evil of a crime to avoid a greater evil

Question 34

The shipwrecked sailors case

Answer 34

Dudley and Stephens were convicted of murder which was later turned into a 6 month prison term

Question 35

Defense of duress

Answer 35

The accused was forced to commit a crime as a consequence of threats of death or serious bodily harm made by another person

Question 36

Defense of duress factors

Answer 36

Threatened action must be illegal
Causal link between defendants action and the threat
Immediacy is crucial
Defendant must have had no reasonable opportunity to act otherwise

Question 37

Defense of provocation

Answer 37

The accused responded to such a wrongful act that an ordinary person would have done the same
Can reduce murder to manslaughter

Question 38

Defense of self-defense factors

Answer 38

The nature of the threat and response
The imminency of the threat
Other means available to respond
The person’s role in the incident
Relationship between parties

Question 39

Section 34 of the Canada criminal code states

Answer 39

A person may use a reasonable amount of force in self defense if they were to become a victim of assult