Malek Chapter 9

Question 1

Assault Level 1

Answer 1

Level One of Assault- Is a hybrid offence and the penalty is maximum five years in jail. Assault can be any of these actions: If the person purposely uses force against another person-whether if it was direct or indirectly, or if that person didn’t want them to. If the person threatens, or if the person is pretending to have a weapon or the person actually does have a weapon

Question 2

Assault Level 2

Answer 2

Assault Level Two- Is a hybrid offence and the penalty is maximum 10 years in jail. This specific type of Assault is if the person has a weapon or is injuring someone that has serious consequences for the health of that victim. Even threatening, or carrying to use the weapon.

Question 3

Assault Level 3

Answer 3

Assault Level Three- Aggravated assault is when the person wounds, disfigures or endangers the life of the victim. This indictable offence and the maximum penalty is 14 years.

Question 4

Sexual Assault Level 1-3

Answer 4

Sexual Assault Level One- the first level is when the victim suffers not as much physically with his/her injury and this is a hybrid offence. Sexual Assault Level Two- With a weapon and it is a hybrid offence,
Sexual Assault Level 3- This is indictable offence, aggravated assault is when the victim is disfigured or has wounds, this is indictable offence.

Question 5

Breaking and Entering

Answer 5

The intent to commit robbery- maximum penalty is ten years and if the person breaks into a warehouse it is a lifetime in prison.

Question 6

Colour of right

Answer 6

that is the belief that the person thinks that they have the right to own or borrow something.

Question 7

Controlled Substance

Answer 7

It is referred to the Controlled Substance Act and any drug that is listed in Schedule 1,2,3,4, or 5. Like heroin, cocaine and marijuana

Question 8

Culpable Homocide

Answer 8

killing that the accused can be held liable for

Question 9

Disorderly House

Answer 9

Prostitution house, betting or gaming house.

Question 10

First-Degree Murder

Answer 10

a killing that is planned, or the person hires a hitman, the victim is a police officer, prison employee, etc. The murder happens when the accused is trying to commit another serious crime like hijacking, sexual assault etc.

Question 11

Fraud

Answer 11

purposely deceiving someone into losing their property or money

Question 12

Homicide

Answer 12

When someone kills someone whether if its indirectly or directly

Question 13

Hybrid Offence

Answer 13

or dual procedure offence is when the crown decides if the case is summary conviction or indictable offence.

Question 14

Indictable Offence

Answer 14

Most serious offence, and carries a heavier penalty than conviction. The penalty can range from 2 years to a lifetime

Question 15

Infanticide

Answer 15

Occurs when a mother kills her newborn baby- three things- accused must be the natural victim, victim must be 12 months, mother must be suffering from a mental disturbance. Otherwise it is second-degree murder

Question 16

Manslaughter

Answer 16

Culpable homicide that isn’t murder or infanticide. Actus reus consists of killing someone even if it was not intentional.

Question 17

Mischief

Answer 17

committed by destroying property or data, rendering it useless, interferring with the use of property or data, interfering with any person. Hybrid Offence- vandalism- defacing property

Question 18

Theft Under

Answer 18

theft of goods under $5000, it is a hybrid offence with a maximum penalty of 2 years prison.

Question 19

Theft Over

Answer 19

Theft of goods over $5000, indictable offence- maximum penalty is ten years.

Question 20

Trafficking

Answer 20

to sell, give, use, transport, send, deliver or distribute a controlled substance. Depending on substance and amount the maximum penalty could be one year to a lifetime.

Question 21

Public Mischief

Answer 21

Someone gives false information that misleads the police in an investigation or tricks them into thinking that a crime didn’t happen when it did. Example- someone reports a stolen car and it wasn’t stolen.

Question 22

Money Laundering

Answer 22

the practice of transferring cash or property to hide its original origin. Hybrid Offence- to win a conviction you must meet the following evidence- actus reus, mens reus, subject matter of the offence.

Question 23

Murder

Answer 23

Purposely killing another human being is a culpable homicide.

Question 24

Non culpable homicide

Answer 24

killing in which the accused can’t be held legally liable for.

Question 25

Possession

Answer 25

knowing that you have control over something, (drugs) must be in possession, found in possession even if they gave it to another person, even if they don’t have it at the time of their arrest

Question 26

Prostitution

Answer 26

Male/female, engaging in sexual services for money- stop a motor vehicle to offer

Question 27

Provocation

Answer 27

the victim did something so insulting, which caused the accused to lose control and harm the victim.

Question 28

Robbery

Answer 28

Theft involving threat or violence

Question 29

Second Degree Murder

Answer 29

doesn’t meet first degree murder, its still the maximum penalty for a lifetime. But the only difference is the accused can request parole. Unplanned or hired, and the murder isn’t caused while the accused is committing the offence

Question 30

Summary Conviction Offence

Answer 30

Minor offence that carries a light penalty- generally is a fine but could be in prison up to 6 months

Question 31

Theft

Answer 31

taking of property, permanently or temporarily without owners permission