Unit 3 - Criminal Law Pt. 5 Flashcards
Drinking
- 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
WHO can drink?
- 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
Alcohol in Vehicle
- 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
Being Drunk in Public
- 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
Throwing a Party
- 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
Sobriety Tests
- 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
Breathalyzer
- 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
Person is Unconscious
- 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
Blood Sample
A person who has blood samples taken has the right to have one sample tested independently
5 Goals of Sentencing
- Protection of the Public
- Retribution
- Deterrence
- Restitution/Reparation
- Rehabilitation
- Protection of the Public
- Main goal of sentencing
- Includes protection of their person, property, + individual rights & freedoms
- Retribution
Punishing an offender to avenge a crime to satisfy the public that the offender paid for the crime.
- Deterrence
- Sentencing should deter ppl from breaking the law
GENERAL: Punishment to discourage ppl in general from offending
SPECIFIC: Punishment to discourage criminals from reoffending
- Restitution/Reparation
Punishment that requires the offender to pay society back for the harm or loss suffered.
- Rehabilitation
- Punishment combined w/ treatment + training to help offenders function in society
- Helps offenders become law abiding citizens
Recidivism
Returning to crime after release from prison.
Mitigating Circumstances
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
Aggravating Circumstances
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
When sentencing, a judge must consider:
- Considering the Offender
- Considering the Victim
- Considering Society
Considering the Victim
- 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
Considering Society
It’s the Crown’s role to ensure that society’s interests are protected when the offender is sentenced.
Sentence Hearing
- 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
