Test 2 1 of 2 Flashcards

1
Q

For Section 269, to prove that the offence has been committed, there must be objective foresight of ____

A

the risk of bodily harm.

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2
Q

For Section 224, when a person causes the death of another human being what is the causation

A

An Act or Omission

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3
Q

For Section 263, what legal duty is required when excavating land in Canada?

A

adequate to warn others that it exists and prevent them from falling in by accident

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4
Q

If the duty is not fulfilled, the accused could be guilty of ___ if death results from unlawfully causing bodily harm if bodily harm results

A

Manslaughter

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5
Q

For Section 280, what is needed to prove the abduction of a young person ___ against the will of the parent or guardian of that person?

A

a person under the age of sixteen years.

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6
Q

For Section 467.1 what constitutes a Criminal Organization in Canada, ___ inside or outside of Canada

A

a group of three or more persons

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7
Q

For Section 265(1)(b) a term that defines an actus reus attempted or threatened use of force as an assault.

A

Constructive Assault

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8
Q

For Section 2, what is a barrelled weapon from which any shot, bullet, or other projectile can be discharged and that is capable of causing serious harm to a person

A

Firearm

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9
Q

For Section 67 Why do we “read the riot act” at an unlawful assembly?

A
  • to disperse and depart
  • inform if they fail to do so they may be charged with an offence
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10
Q

For Section 229(b) what offence(s) are considered “culpable homicide”, intends to cause death or bodily harm knowing it’s likely to cause death? even mistake causes death to another human being.

A

Murder

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11
Q

what offences are considered “Culpable Homicide”

A
  • Murder
  • Manslaughter
  • Infanticide
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12
Q

what does this define: homicide that is “morally blameworthy”; causing death that is not justified or excusable

A

culpable homicide

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13
Q

what does this define: Homicide that is justifiable or excusable under the law; e.g., a soldier killing an enemy soldier in wartime or a police officer killing a person in the course of duty

A

Non-culpable homicide

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14
Q

Which case is this: body parts were touched, but the sexual assault was not applied solely to no contact with the girl’s genitals, since the accused did not touch the genitals he was charged by the New Brunswick Court of Appeal with “Simple Assault”

A

R vs. Chase

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15
Q

Whose case informed government employee that he was 85% likely to kill government employees and 100% chance of getting away with it, considered a threat

A

R vs. Hawkins

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16
Q

Which case, distinguishes infanticide by both mens rea and actus reus of the offence of murder or manslaughter.

A

R vs. LB

17
Q

In R vs. Walsh case, under s 162.1 Walsh was charged with ___ because of recording or screenshots of her naked in the bathroom, Walsh was on FaceTime.

A

Visual Recording (Voyeurism)

18
Q

Which case, Was not an “Act of Passion” because the relationship ended after 4 hours, and commitment murder with an “initial Shock value”

A

R vs. Young

19
Q

Which case, the event was intended to be a party which is lawful, it became unlawful when the crowd became unruly and violent causing “fear of a disturbance” in the neighbourhood

A

R vs. Kalyn

20
Q

Which case, spoiled the consent and caused serious, non-trivial bodily harm in a fight, causing his opponent to be killed in a consented fight but common law was spoiled since the opponent died.

A

R vs. Jobidon

21
Q

which case, decide about section 270, assaulting a peace officer because the officer exceeds their lawful authority.

A

R vs. Corrier

22
Q
  • In Section 265(1), without consent applies force intentionally, force attempts or threats by an act or gesture, as well as while wearing or carrying a weapon or imitation.
A

Assault

23
Q

What Section defines Assault

A

Section 265(1)

24
Q

In Section 265(1)(a) (Assault) is this mens rea or actus reus: “the physical act of applying force to another person (conduct) without that person’s consent (the circumstance)”

A

Actus Reus (guilty act)

25
Q

In Section 265(1)(a)(b) (Assault) this mens rea or actus reus: “consists intent to apply force to another person and knowledge of or wilful blindness or recklessness”

A

mens rea

26
Q

which negligence is this: criminal wrong - specific crime, section 219: doing anything or omitting to do anything - legal duty. Wanton or reckless disregard for lives, greater degree of negligence than penal negligence

A

Criminal negligence

27
Q

What activities are expected to be undertaken with high attention and care?

A
  • driving
  • hunting with firearm
  • medical treatment
28
Q

Which principle of explicit material, states that the creation and/or distribution of intimate and sexual materials is __ when it violates privacy, personal autonomy, and sexual integrity?

A

Criminalizing

29
Q

For terrorist activity, the ___ requires intent to cause outcomes like death, harm, endangerment, public risk, property damage, or significant interference with essential services, all for political, religious, or ideological reasons.

A

mens rea

30
Q

What does this define: section 83.01(1) an act or omission, in or outside canada. that’s committed for a political, religious, or ideological, purpose with the intention of intimidating the public or government.

A

Terrorist activity