Test 2 2 of 2 Flashcards

1
Q

having sexual intercourse with a woman other than his wife without that woman’s consent can be committed to any person of any gender.

A

Sexual Assault

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2
Q

Which Section defines Sexual assault?

A

Section 271

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3
Q

Which section of sexual assault is this ”(a) with a weapon, (b) threatening to cause harm to a person other than the complainant, or (c) causing bodily harm to the complainant”

A

Section 272

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4
Q

Which Section is about aggravated sexual assault

A

Section 273

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5
Q

Which Section of sexual assault is this “Everyone commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant”

A

Section 273 (1)

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6
Q

is this Mens rea or Actus reus in Sexual Assault: involves the intentional or threatened application of force without consent. This action (conduct) and the lack of consent (circumstance).

A

Actus Reus

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7
Q

is this Mens rea or Actus reus in Sexual Assault: (a) intention to touch and (b) knowledge of, or wilful blindness or recklessness as to, to absence of consent

A

mens rea

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8
Q

What is this: players consent to certain degrees of force by agreeing to participate, accepting both contact within the game’s rules and contact that.

A

Consensual

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9
Q

what does the consent of sports become: if players consent to a certain level of force when participating in sports, there are instances where the force used may exceed the scope of this consent. actions that demonstrate a deliberate intent to inflict injury typically fall outside the scope of consent.

A

non-consensual

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10
Q

Essential elements for a conviction of Criminal harassment

A
  1. the accused engaged in any of the conduct described in s 264(2)
  2. the victim was harassed
  3. the accused knew, or was reckless or wilfully blind as to whether the victim was harassed
  4. the conduct caused the victim to fear for their safety or that of anyone known to them
  5. the victim’s fear was reasonable in all the circumstances
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11
Q

Which section is this and what offence is this: (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection.

A

Section 264; Criminal harassment

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12
Q

what is this: Whereas kidnapping requires moving the victim from one place to another, ____ or imprisonment involves restraining a person from moving from place to place

A

unlawful confinement

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13
Q

What is Obstruction of Failure of ID

A
  • Obstruction to mislead the police
  • if there is a Statutory duty to do
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14
Q

What are the circumstances that would become invalid of Sexual assault & Consent? where consent is not or cannot be given lawfully or effectively.

A
  • application of force
  • threats or fear of the application of force
  • Fraud
  • the exercise authority
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15
Q

What are two essential words that make consent valid?

A
  • Informed
  • voluntary
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16
Q

Which murder sentencing is this: More serious and has a greater penalty. First, prove murder, Planned: carefully thought out, and Deliberate: more than intentional. No parole for 25 years

A

first degree

17
Q

Which murder sentencing is this: All murder that is not first-degree. NOT planned or deliberate. Thought as unplanned or spontaneous murder. No parole for a minimum of 10 years, maximum 25 years.

A

Second-degree

18
Q

Which murder sentencing is this: if an unlawful act or by criminal negligence? Actus Reus: death by an unlawful act marked departure from the standard of care kills accidentally, but criminal negligence. Mens Rea: intended to do an act that caused death. Maximum life in prison

A

Manslaughter

19
Q

Which murder sentencing is this: a female person (only) commits __ when by a wilful act or omission she causes the death of her newly-born child. My mind is disturbed. if the newborn is under the age of one year

A

Infanticide

20
Q

which murder sentencing is this: Mens rea: sane as required for manslaughter. Actus Reus: must prove wilful act or omission caused death and mother was mentally disturbed

A

Infanticide

21
Q

What would happen if a person unintentionally and without negligence kills another person while doing a lawful act? What is the legal outcome?

A

Will not be charged with a crime

22
Q

____ may not be an offence if the observation or recording is open and not for a sexual purpose, and the person involved doesn’t have a reasonable expectation of privacy. It’s also not an offence if the person being observed or recorded gives their consent.

A

Voyeurism

23
Q

Which Section is this: A child becomes a human being, when they are living, from the body of its mother whether or not, it has breathed, independent circulation and the navel string is severed.

A

Section 223(1)

24
Q

Is a fetus a human being? when determining whether a homicide has occurred

A

No

25
Q

In R v Lockhart, what term is this: actions like violence or force, which can be exhibited through menaces or threats; also, a situation where threats, swearing, and yelling created an atmosphere of violence

A

Tumultuous

26
Q

What Action does “tumultuous” refer too in section 64?

A

riot

27
Q

What is the maximum penalty for a criminal negligence offence, is it an indictable offence if death if caused the maximum penalty is ___

A

Life imprisonment

28
Q

What is the minimum penalty for criminal negligence sentence?

A

four years

29
Q

what is the hybrid offence for a criminal offence if bodily harm is caused?

A

up to ten years

30
Q

which negligence is this: A person commits a negligent tort when they cause harm unintentionally but carelessly by either acting or omitting to act in a manner that departs from the standard of care exercised by a reasonable person.

A

Civil negligence

31
Q

which negligence is this: either an act or an omission must be a marked departure from the standard of care that a reasonable person

A

Penal Negligence