O. against the person

Question 1

what are the two types of homicide

Answer 1

• culpable
• non-culpable

Question 2

what is non culpable homicide

Answer 2

not an offence

Question 3

what are the two types of non-culpable homicide

Answer 3

• justifiable
• excusable

Question 4

describe justifiable homicide

Answer 4

authorized or ordered by law (eg soldier)

Question 5

describe excusable non-culpable homicide

Answer 5

• self-defence
• defence of others
• defence of property
• accidental when doing a lawful act

Question 6

what are the types of culpable homicide

Answer 6

• murder
• manslaughter
• infanticide

Question 7

what is murder

Answer 7

specific intent to cause either death or bodily harm knowing likely to cause death

Question 8

what is manslaughter

Answer 8

general intent, often when D has recklessly caused death

Question 9

what is homicide

Answer 9

the causing of death of a human being

Question 10

what is first degree murder

Answer 10

planned and deliberate

Question 11

what is the sentencing for 1st degree murder

Answer 11

no parole for 25 years

Question 12

is medical assistance when dying considered murder

Answer 12

no

Question 13

what is 2nd degree murder

Answer 13

intentional murder that was not planned/ premeditated

Question 14

what is the sentencing for 2nd degree murder

Answer 14

no parole for 10 years (but judge can decide if longer)

Question 15

what is manslaughter

Answer 15

culpable homicide that is not murder or infanticide (the catch all)

Question 16

when can murder be reduced to manslaughter

Answer 16

if you use the defence of provocation

Question 17

is lack of resistance consent?

Answer 17

no

Question 18

is absence of consent objective or subjective

Answer 18

subjective (did THIS person give consent, not would a reasonable people in the same circumstances give consent)

Question 19

what must be shown to prove consent

Answer 19

an air of reality

Question 20

when is consent not consent

Answer 20

• when it was given because of force,
• threats
• fraud
• exercise of authority

Question 21

can you consent to bodily harm

Answer 21

never

Question 22

can evidence of C’s sexual history be relevant

Answer 22

• usually no
• occasional exceptions (imagine a married couple having sex every night for years, but one night in the middle is claimed to be rape but none of the others are)

Question 23

are all of the exceptions to consent listed under s.273(2)

Answer 23

no

Question 24

when is belief in consent not a defence

Answer 24

• D self-induced intoxication
• recklessness or wilful blindness
• D did not take reasonable steps to ensure consent

Question 25

what are some key issues in sexual assault

Answer 25

- was there touching - was the touching of a sexual nature/ violate sexual integrity - did V consent - did D have honest but mistaken belief of consent

Question 26

how do we determine if the touching was of a sexual nature/ violating sexual integrity of V

Answer 26

- objective test from R.v. Chase - is the sexual nature of the assault visible to a reasonable observer

Question 27

what are the exceptions to Consent no defence- where C is under 16...

Answer 27

- mistake of age (provided they took all reasonable steps)