Test 2 1 of 2 Flashcards
For Section 269, to prove that the offence has been committed, there must be objective foresight of ____
the risk of bodily harm.
For Section 224, when a person causes the death of another human being what is the causation
An Act or Omission
For Section 263, what legal duty is required when excavating land in Canada?
adequate to warn others that it exists and prevent them from falling in by accident
If the duty is not fulfilled, the accused could be guilty of ___ if death results from unlawfully causing bodily harm if bodily harm results
Manslaughter
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 person under the age of sixteen years.
For Section 467.1 what constitutes a Criminal Organization in Canada, ___ inside or outside of Canada
a group of three or more persons
For Section 265(1)(b) a term that defines an actus reus attempted or threatened use of force as an assault.
Constructive Assault
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
Firearm
For Section 67 Why do we “read the riot act” at an unlawful assembly?
- to disperse and depart
- inform if they fail to do so they may be charged with an offence
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.
Murder
what offences are considered “Culpable Homicide”
- Murder
- Manslaughter
- Infanticide
what does this define: homicide that is “morally blameworthy”; causing death that is not justified or excusable
culpable homicide
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
Non-culpable homicide
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”
R vs. Chase
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
R vs. Hawkins