Unit 4 (Criminal Law)

Question 1

First Degree Murder

Answer 1

• Planned and deliberate, or death occurs during another offence
• Minimum Sentence 25 years imprisonment

Question 2

Second Degree Murder

Answer 2

• Does not fall into the previous categories but is still intentional
• Minimum Sentence 10 years

Question 3

Manslaughter

Answer 3

Causing of the death of another person unintentionally while committing another offence
-Max sentence 10 years

Question 4

Three Degrees of Assault

Answer 4

Assault, Assault Causing Bodily Harm, Aggravated Assault

Question 5

Aggravated Sexual Assault

Answer 5

Forced sexual activity where the person seriously injures you or endangers your life

Question 6

Sexual Assault Causing Bodily Harm

Answer 6

Forced sexual activity where the person physically injures you

Question 7

Direct

Answer 7

The witness saw the offence being committed

Question 8

Circumstantial

Answer 8

A witness says she was standing outside a bank, saw a person run into the bank with a gun and a bag, heard shots, then saw the same person run out of the bank

Question 9

Similar-fact

Answer 9

Accused has committed a similar offence in the past

Question 10

Hearsay

Answer 10

Evidence of what someone other than a witness said or wrote out of court

Question 11

Evidence of Opinion

Answer 11

Evidence is generally not admissible unless the witness is qualified as an expert

Question 12

Photos/Videos

Answer 12

Photographs must be an accurate portrait of the crime scene. Tapes must be taken in a reasonable manner by the police

Question 13

Wiretapping

Answer 13

Police generally require a court order or the consent of one of the parties to make the evidence admissible

Question 14

Polygraph

Answer 14

Lie detector results are generally inadmissible in Canadian courts

Question 15

Confessions

Answer 15

Are usually admissible if given voluntarily by the accused

Question 16

Character Evidence about the accused

Answer 16

Prior history of the accused can be

introduced by defence only.

Question 17

Forensic

Answer 17

Use of scientific evidence in the courtroom (example: DNA, fingerprints, blood samples, hair samples, etc.)

Question 18

Inculpatory

Answer 18

Admission of guilt

Question 19

Exculpatory

Answer 19

Denial of guilt

Question 20

Mens Rea

Answer 20

The guilty mind

Question 21

Actus Rea

Answer 21

The guilty act

Question 22

Alibi

Answer 22

Evidence that you were somewhere else at the time of the crime

Question 23

Legal Duty

Answer 23

While under legal duty a person can do things that would normally be a crime (e.g. police shooting someone)

Question 24

Self Defence

Answer 24

Everyone has the right to defend themselves

Question 25

Excusable Conduct - Provocation

Answer 25

Someone is provoked into committing a crime

Question 26

Excusable Conduct - Necessity

Answer 26

Had to commit the crime to stay alive

Question 27

Excusable Conduct - Duress

Answer 27

A person commits a crime under mental or physical duress (threats)

Question 28

Mental Disorder

Answer 28

Not in a mentally right state of mind

Question 29

Mistake of Fact

Answer 29

A genuine mistake in committing a crime

Question 30

Mens Rea

Answer 30

Intention/intent
General intent
Specific intent
Recklessness
Wilful blindness
Motive
Attempt
Conspiracy