Unit 3 - Criminal Law Pt. 5

Question 1

Drinking

Answer 1

• Impacts rational thought processes + decision making, impulse control, body, body coordination, reflexes, vision, memory functions
• Can impair brain functions + play a role in preventing aggressive behaviour
• Early drinking is linked w/ the development of problems w/ alcohol + other drugs at a later age
• Youth have a lower a tolerance to alcohol but increased tendency to risk taking bahaviour
  - Combination creates a high risk of injuries, violence, unsafe sexual behaviour

Question 2

WHO can drink?

Answer 2

• 19+ yrs to buy, drink, or posses alcohol
  - Only exception: Parent or spouse may give their underage child or spouse a drink in a private place
• Max sentence - fine $10 000 + jail 2 months

Question 3

Alcohol in Vehicle

Answer 3

• Indicator: Having open liquor inside a car may be strong evidence that a person was drinking it, not carrying it from one place to another
• Conviction for unlawful transportation or consumption - may result in fine up to $2000, 2 months jail, or both

Question 4

Being Drunk in Public

Answer 4

• Being drunk enough to cause a disturbance in a bar
  - Being drunk, singing too loudly, shouting, fighting = disturbance
• Summary conviction offence
• Max sentence $5000 OR 6 months jail OR both
  
  • conviction –> criminal record
• Alcohol & Gaming Regulation Act - provincial law, forbidding being drunk in a public place
  - Doesn’t have to be causing a disturbance to be charged

Question 5

Throwing a Party

Answer 5

• You can be used if one of your guests injured themselves or someone else when you were aware they were drunk + didn’t take reasonable steps to prevent them from causing injury
• A primary consideration is whether you could be considered to have created the risk of injury or harm or somehow made it worse

Question 6

Sobriety Tests

Answer 6

• Designed to assist police officers in spotting signs of impairment
• Typically include checking driver’s ability to follow the movement of an object w/ their eyes, keep their balance, follow instructions

Question 7

Breathalyzer

Answer 7

• Machines are calibrated to indicate a precise blood-alcohol reading
• Driver has to provide at least 2 breath samples
  - Taken 15 mins apart
  - Both readings are recorded on a certificate which is used in court as evidence of the driver’s blood-alcohol levels

Question 8

Person is Unconscious

Answer 8

• When driver is Unconscious or unable to agree to a blood sample, the police officer may obtain a warrant to allow for the sample to be taken
• Conditions:
  1. A doctor must agree that the person is unable to agree to sample
  2. A doctor must agree that taking the sample will no put the person’s life/health in danger

Question 9

Blood Sample

Answer 9

A person who has blood samples taken has the right to have one sample tested independently

Question 10

5 Goals of Sentencing

Answer 10

1. Protection of the Public
2. Retribution
3. Deterrence
4. Restitution/Reparation
5. Rehabilitation

Question 11

1. Protection of the Public

Answer 11

• Main goal of sentencing
• Includes protection of their person, property, + individual rights & freedoms

Question 12

2. Retribution

Answer 12

Punishing an offender to avenge a crime to satisfy the public that the offender paid for the crime.

Question 13

3. Deterrence

Answer 13

• Sentencing should deter ppl from breaking the law
  GENERAL: Punishment to discourage ppl in general from offending
  SPECIFIC: Punishment to discourage criminals from reoffending

Question 14

4. Restitution/Reparation

Answer 14

Punishment that requires the offender to pay society back for the harm or loss suffered.

Question 15

5. Rehabilitation

Answer 15

• Punishment combined w/ treatment + training to help offenders function in society
• Helps offenders become law abiding citizens

Question 16

Recidivism

Answer 16

Returning to crime after release from prison.

Question 17

Mitigating Circumstances

Answer 17

Suggest that an offender can be rehabilitated + they do not pose a threat to society, or doesn’t need strong deterrent measures
OFFENCE: Minor offence, time spent in custody, delay in trial
OFFENDER: Impulsive act, young or 1st time offender, guilty plea, cooperating w/ police, mental or physical disability, short life expectancy

Question 18

Aggravating Circumstances

Answer 18

Suggest that rehabilitation is unlikely or a strong deterrent is necessary
OFFENCE: Violent offence, # of victims, need for deterrent
OFFENDER: Premeditation, previous criminal record, large profits from the offence, involving others in the offence, ring leader of the group, continuing offence over time

Question 19

When sentencing, a judge must consider:

Answer 19

1. Considering the Offender
2. Considering the Victim
3. Considering Society

Question 20

Considering the Victim

Answer 20

• Victim Impact Statement: Describes the harm or loss experienced by victim or victim’s family – may be read before the offender
  - Allows victim to confront offender - significant for victims who suffered physical + emotional damage

Question 21

Considering Society

Answer 21

It’s the Crown’s role to ensure that society’s interests are protected when the offender is sentenced.

Question 22

Sentence Hearing

Answer 22

• When a judge considers all the facts about the crime, the offender, the victim to determine the appropriate sentence
• Both lawyers present their recommendations to the judge