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Criminal Code Test Review


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Review for Mr. Denton's Law 120 Criminal Code of Canada Test

Review for Mr. Denton's Law 120 Criminal Code of Canada Test

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  • 1. Criminal Code Test Review Law 120 Mr. Denton Harrison Trimble High School 2008
  • 2. 1. Name the three types of homicide and briefly explain each.
    • Murder – deliberate killing of individual
    • Manslaughter – causing death of individual through reckless actions
    • Infanticide – death of a newborn caused by mother as a result of a mental imbalance
  • 3. 2. What conditions qualify murder as first-degree?
    • murder is planned and deliberate
    • murder for hire
    • victim is a law enforcement agent or their spouses, ex. police officer/ prison guard
    • death occurs while committing another crime. Ex. hijacking, sexual assault, threats or causing bodily harm to a third party, kidnapping
  • 4. 3. What is the difference in penalties between 1st and 2nd degree murder?
    • Both carry maximum sentence of life
    • eligibility for parole is only available to 2nd degree murder after minimum of 10 years in jail.
  • 5. 4. When would a charge of infanticide be laid and what is the maximum sentence?
    • Mother of a newborn (within 12 months of birth) kills her child and mental imbalance is proven by defence.
    • Maximum Sentence is 5 years.
  • 6. 5. What is the mens rea of manslaughter?
    • Recklessness of the action determined by reasonable person test.
  • 7. 6. Identify and briefly explain the two defences that can reduce a murder charge of manslaughter.
    • Provocation – time frame/heat of the moment/reasonable given circumstances
    • Intoxication – The Crown must prove killing/necessary intent (specific) If Crown can’t prove specific intent, manslaughter (general intent) only option
  • 8. 7. Identify and explain the 3 levels of assault including penalties.
    • Assault – minor infraction with no lasting damage - hybrid offence - max penalty 5 years
    • Assault with a weapon/causing bodily harm – injury more serious consequences for victim or with a weapon – hybrid offence – max penalty 10 years.
    • Aggravated Assault – serious life-threatening injuries – indictable offence – max penalty 14 years
  • 9. 8. Identify and explain the 3 levels of sexual assault including penalties.
    • Sexual Assault – minor infraction with no lasting damage - hybrid offence - max penalty 10 years
    • Sexual Assault with a weapon/causing bodily harm/threats to third party – injury more serious consequences for victim/third party or with a weapon – indictable offence – max penalty 14 years.
    • Sexual Aggravated Assault – serious life-threatening injuries – indictable offence – max penalty life in prison
  • 10. 9. Discuss the legal issues surrounding the issue of euthanasia.
    • Euthanasia - mercy killing or one person acting to end the life of another.
    • different levels of consent for euthanasia - voluntary and involuntary euthanasia.
      • Voluntary euthanasia - when a patient expresses the wish to die either in writing or verbally.
      • Involuntary euthanasia - if individual is unable to make his/her wishes known or does not want to die despite his/her condition.
    • Assisted suicide, voluntary and involuntary suicides - homicide under the Criminal Code.
    • cases involving elderly, disabled spouses are often dealt with compassionately by the courts.
    • patients are allowed to refuse treatment if of sound mind. Problem is if the patient not of sound mind.
    • Signing care directives. Without a care directive, legal guardians/physicians make the decisions
    • right to die, medical profession dilemma, living wills, standards for new law
  • 11. 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them.
    • Dangerous Operation of a Motor Vehicle
    • Crown must prove safety/lives of others endangered because driver failed to exercise same care as a prudent driver under same conditions.
    • Dangerous operation - hybrid offence - max penalty 5 years.
    • Dangerous operation causing bodily harm - indictable offence –max penalty 10 years.
    • Dangerous operation causing death – indictable offence – max penalty 14 years
  • 12. 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them. (Continued)
    • 2. Failure to Stop at the Scene of an Accident
    • anyone involved in motor vehicle accident and does not stop, offer assistance, and give his or her name and address presumed to show intent to escape civil/criminal liability.
    • Commonly known as ‘hit and run’
    • hybrid offence - max penalty 5 years.
    • causing bodily injury is 10 years.
    • causing death, maximum of life in prison.
  • 13. 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them. (Continued)
    • 3. Impaired Driving
    • proof that a driver is impaired, either by drugs or alcohol, can come from a number of sources (erratic driving, slurred speech, or inability to walk a straight line, or the smell of alcohol on his/her breath).
    • Another source of proof breath/blood (amount of alcohol in bloodstream). Amount of alcohol in the bloodstream exceeds 80 mg in 100 ml of blood.
    • If the police have reasonable/probable grounds to believe that impaired person is/has been operating a motor vehicle within the last three hours, can demand Breathalyzer test. If individual cannot take the test because of an existing medical problem may give a blood sample taken by a qualified medical practitioner
    • Operating a motor vehicle while impaired/refusing to provide a breath/blood sample hybrid offences.
    • severity of the punishment increases for subsequent offences.
    • Impaired driving causing bodily harm - indictable offence - maximum penalty 10 years.
    • If an impaired driver kills someone, the maximum penalty is life in prison.
  • 14. 11. What is the difference between theft and robbery?
    • Both involve the taking of property that does not belong to the individual but robbery involves the use of force and violence.
  • 15. 12. How does the colour of right influence theft cases?
    • determines any claim of ownership for item/items in question in theft cases.
    • Those without any reasonable colour of right who take items will be charged and likely found guilty of theft.
  • 16. 13. How is sentencing determined in theft cases?
    • theft under $5000 penalty – hybrid offence max 2 years
    • theft over $5000 penalty – max 10 years
  • 17. 14. What element of intent must be proven in break and enter cases?
    • Specific Intent – person stealing intended to do further wrong
    • person must not have any colour of right (legal claim) to the item(s)
    • accused must intend to deprive owner of item and convert to his/her own use
  • 18. 15. What are the two things that most commonly disrupted in mischief cases?
    • Property
    • data
  • 19. 16. What must be proven in order for the Crown to successfully try a fraud case?
    • the accused deliberately and purposely deceived someone in order to cause the loss of property, money or service
  • 20. 17. Name the two summary conviction and two indictable offences related to prostitution.
    • Summary Conviction Offences
      • Soliciting
      • keeping a common bawdy house
    • Indictable Offences
      • Procuring
      • Living off the avails of prostitution
  • 21. 18. Identify and explain the 3 types of disorderly houses.
    • Common bawdy house – prostitution
    • Common betting house – keeper of house keeps portion of all winning bets made
    • Common gaming house – keeper of the house keeps a portion of the winnings from all games.
  • 22. 19. According to the Criminal Code, what are the 3 qualifying points for possession of illegal drugs?
    • person in possession must know what the item is and have some measure of control over it.
    • Person may be found in possession even if he/she gave the item in question to another person.
    • Person can be charged with possession even if he/she does not own the controlled substance or have it in his/her possession, as long as the person knows about it and consents to its possession by someone else. (implied consent/express consent)
  • 23. 20. In order to gain a conviction for money laundering, what must the Crown prove?
    • Actus Reus – any use, transfer, possession of, sending/delivering, transporting, transmitting, altering, disposing of, or otherwise dealing with any proceeds of crime
    • Mens Rea – divided into 2 parts
        • intention – to conceal/convert illegally obtained money/property
        • knowledge – that all/part of money was illegally obtained.
    • Subject Matter of the offence – existence of money/property obtained by committing a criminal offence, participating in a conspiracy or attempt to commit an offence, counseling or being an accessory after the fact or committing any act or omission related to an offence.