Unit 3 Test B Flashcards
Summary conviction offences
A minor criminal offence with less severe punishments, generally tried soon after the charge is laid without a preliminary hearing or jury. Max penalty is a $2000 charge and/or 6 months in jail. You must be charge within 6 months of the offence or you are free of the crime. Provincial court judges deals with summary conviction offences.
Indictable offences
A serious criminal offence with a severe penalty, proceeding by a formal court document called an indictment. The trial judge decides on the time behind bars. There is no statute of limitations on when you can be charged. An accused of a serious indictable case can be tried by a provincial court judge or by a judge of the superior court or by a judge of a higher court with a jury.
Hybrid offences
A criminal offence proceeding by way of a summary conviction or an indictable offence; The crown decides which way to proceed. Penalties vary from 2-10 years in prison.
Age of consent
The age of consent to sexual activity is 16. Age of consent is higher in some cases regarding relationships of authority, trust, or dependency. Ex.) teachers, therapists, doctors.
Close in age exceptions: a 14 or 15 year old can consent to sexual activity as long as the partner is less than 5 years older. There is also an exception that 12 and 13 year olds can consent to sexual activity with a partner less than 2 years older.
Willful blindness
Section 126
Aiding and abetting
Section 21
Conspiracy
Section 465
The crime of conspiracy requires an agreement between at least 2 people to commit an unlawful act. Conspiring to commit a crime can lead to the same punishment as would be imposed for the crime itself. There must be an actual intent to agree to commit the crime.
What is needed to convict? The crown must prove you had knowledge and intent to take part in conspiracy. It must be shown you knew the exact purpose of the agreement between the conspirators and that the objective was to commit a crime.
Penalties for conspiracy: depends of the crime the conspiracy involved. Max penalty of life in prison for conspiring to commit murder. There is no minimum penalty
Conspiracy is a hybrid offence.
Findings
Findings are what a judge concludes after considering the details of a crime, statutes and case law, the rights of the accused, the best interests of society, current social attitudes to this type of crime, and the verdict of the jury.
Recklessness and criminal negligence
Section 127
Recklessness involves being aware of the risk of harm and doing the action anyways. Criminal negligence is acting without caring about the lives or safety of others.
Homicide
Homicide is the action of taking someone’s life.
Culpable- doing the act I’m with intention to kill or severely hurt someone
Non culpable- killing someone where the accused is not held responsible. Ex) self defence
First degree murder, second degree murder, manslaughter, and infanticide
First degree- planned, law enforcement, serious co offense (hostage, hijack, sexual assault)
Second degree- anything that doesn’t fall under other categories.
Manslaughter- unintentional (still can be violent)
Infanticide- crime of women killing their newborn babies generally in postpartum depression.
Assault
Section 266
Assault is committed when someone applies unintentional force without consent, attempts or threatens by an action or while openly carrying a weapon. Assault is a hybrid case.
Theft
Section 322
The act of taking something or converting something your own use knowing you have no right to that thing.
Robbery
Section 343
Everyone commits robbery who steals with the intentions to do so, or using/ threatening violence to a person or property, steals while armed with a weapon, or assaults someone with the intent to steal from them.
Breaking and entering
Section 348
Anyone who breaks and enters with the intent to commit an indictable offence, breaks and enters and commits an indictable offence.
Possession of property obtained by a crime
Everyone commits an offence who has any property or thing knowing that part of it was obtained by the commission of Canada.
Doctrine of recent possession
If the frown can establish that certain goods have been recently stolen, it is up to the accused to come up with an explanation that could reasonably be true as to how they got them.
Offences against public morals and public order
You can’t alarm the king/queen, you can criticize the government/ protest against them if it’s non-violent. Everyone commits an offence who makes, prints, publishes, distributes, circulates, or has obscene matter in their possession for the purpose distribution. Obscenity includes: exploitation of sex, namely crime, horror, cruelty and violence.
Arrests and citizens arrest
You must find a person in the act of committing a crime or escaping from committing a crime.
