Topic 7

Question 1

Criminal law

Answer 1

• concerned with public wrongs
• define what society regards as intolerable deviance

Question 2

Criminal law functions

Answer 2

• deter deviant behaviour, express reprehensible behaviours maintain they social order bring accountability rehabilitation

Question 3

A society criminal law says a lot

Answer 3

• society’s criminal law says a lot about the society itself

Question 4

Public law

Answer 4

• an area of law concerned with the public intestate. And that regulates collective interests

Question 5

3 categories of crime

Answer 5

1. Offences against persons
2. Offences against property
3. Offences deemed wrong in and of themselves

Question 6

criminal law is amongst the most widely debated type of law (True or false)

Answer 6

True

Question 7

Debates on criminal law

Answer 7

• what constitutes a crime
• the appropriateness of (punitive) criminal law for behaviours
• the effectiveness of criminal law
• negative social outcomes of particular laws
• debates on the operations of law ( too lenient vs too harsh; too intrusive vs not intrusive enough)

Question 8

Simultaneous principle

Answer 8

Crime requires the simultaneous coincidence of acts reus and mens rea

Question 9

Actus reus

Answer 9

• an evil (wrongful) act

Question 10

Mens rea

Answer 10

• an evil (wrongful) mind (intention)

Question 11

2 method for assessing mens rea/intent

Answer 11

1. Objective intention
2. Subjective intention

Question 12

Section 21 of criminal code

Answer 12

• mens rea concerning parties to an offence

Question 13

Strict liability offences

Answer 13

• onus falls on the accused to prove they had no intent, limited to minor offences, highway offences, speeding

Question 14

Absolute liability offences

Answer 14

• where intent is irrelevant

Question 15

Culpable homicide

Answer 15

When someone either intentionally or unintentionally commits murder

Question 16

Criminal negligence

Answer 16

• negligence showing disregard for the lives and safety of others

Question 17

R V Cooper

Answer 17

Newfoundland second degree murder of ex wife, blacked out while strangling the victim, intent started before he killed her, he did intend to cause her bodily harm, he did intially attempted to kill her, once the accused formed the intent to cause her bodily harm it doesnt matter if the intent persists through the entiriety of the act, mens rea does not need to be present the whole time

Question 18

R V Hundal

Answer 18

supreme court case with subjective/objective standard, runs a yellow light with a illegally heavy load, rainy day,

Question 19

Defences to and mitigations of criminal offences

Answer 19

• capacity
• self defence: section 34 of the criminal code;R V Lavallee, struggling with mental illness and in a abusive relationship she took the life of her ex where she acted in reaction to her partner about to kill her no penalty was imposed
• intoxication; Daviault V R (1994); 60 year old bought brandy woke up and SAed someone, intoxicated didn’t change liability
• Enticement by police
• forced to commit a crime
• mistake of fact
• acting under duress: Person who commits an offence under coercion not voluntary under threat of force and person making threat present when offence committed, threat must be immediate, person threatened not part of the plotting of the crime and must be confident that these crimes would be carried out high standard for crime of duress

Question 20

what cases associated with mistake of fact a defence to criminal offences

Answer 20

• R V Pappajohn Vancouver real estate agent met with a client and considerable alcohol consumed and engaged in sexual activity and at the beginning there wasn’t consent then both engaged and at the end she ran out naked crying for help, he made a mistake of fact that he thought she consented Pappajohn influenced changes the notion consent in law no consent if someone consents for you, if they are incapable
  to consent and if you misuse your authority/trust to make them consent, no, or pushing someone away
• R V Ewanchuk; Ewanchuk brought a minor to his trailer she had an initial consent but then gave her massage and she told him to stop a few times and it was seen as implied consent, she said stop at one point it should’ve all stopped, continuation of the act despite continued lack of consent SA case,
• R V Hutchinson: Hutchinson poked holes in condom without telling his partner and she got pregnant and this was seen as SA anything that was not consented during sexual activity is sexual assault

Question 21

Criminal code of conduct defines

Answer 21

• The Criminal Code of Canada: defines criminal
offences, establishes the kind and degree of
punishment for certain offences, outlines
procedures for investigation and prosecution,
outlines rules regarding helping/encouraging
crimes and sets out some defenses

Question 22

Criminal code made into law in and T or F there are statutory law based crimes outside the criminal code

Answer 22

1982
True

Question 23

What are the offences included in criminal code

Answer 23

• Offences include: offences against a person,
offences against property, offences against the
administration of law, sexual offences, terrorism
offences and hate propaganda offences

Question 24

The Criminal Code sets out 3 categories of criminal
offences:

Answer 24

i) summary offences, ii) indictable offences
and iii) hybrid offences

Question 25

What is attempted to be accomplished with criminal law

Answer 25

• Attempts to accomplish a range of purposes:
-general deterrence
-specific deterrence
-societal denunciation
-accountability
-keeping society safe
-rehabilitation

Question 26

Important factors for consideration in criminal law and sentencing

Answer 26

i) degree of
premeditation, ii) surrounding circumstances, iii) gravity
of the crime, iv) attitude of the offender, v) criminal
record of the offender, vi) age/personality of the
offender, vii) any mitigating circumstances,
viii) previously imposed sentences and x) mercy