Criminal Code Test Criminal Code Test ReviewReview

Law 120Law 120

Mr. DentonMr. Denton

Harrison Trimble High School 2008Harrison Trimble High School 2008

1. 1. Name the three types of Name the three types of homicide and briefly explain each.homicide and briefly explain each.

MurderMurder – deliberate killing of – deliberate killing of individualindividual

ManslaughterManslaughter – causing death of – causing death of individual through reckless actionsindividual through reckless actions

InfanticideInfanticide – death of a newborn – death of a newborn caused by mother as a result of a caused by mother as a result of a mental imbalancemental imbalance

2. What conditions qualify murder 2. What conditions qualify murder as first-degree?as first-degree?

murder is planned and deliberatemurder is planned and deliberate

murder for hiremurder for hire

victim is a law enforcement agent or their victim is a law enforcement agent or their spouses, ex. police officer/ prison guard spouses, ex. police officer/ prison guard

death occurs while committing another death occurs while committing another crime. Ex. hijacking, sexual assault, crime. Ex. hijacking, sexual assault, threats or causing bodily harm to a third threats or causing bodily harm to a third party, kidnappingparty, kidnapping

3. What is the difference in 3. What is the difference in penalties between 1st and 2nd penalties between 1st and 2nd

degree murder?degree murder?

Both carry maximum sentence Both carry maximum sentence of lifeof life

eligibility for parole is only eligibility for parole is only available to 2nd degree murder available to 2nd degree murder after minimum of 10 years in after minimum of 10 years in jail.jail.

4. When would a charge of 4. When would a charge of infanticide be laid and what is the infanticide be laid and what is the

maximum sentence?maximum sentence?

Mother of a newborn (within 12 Mother of a newborn (within 12 months of birth) kills her child months of birth) kills her child and mental imbalance is proven and mental imbalance is proven by defence. by defence.

Maximum Sentence is 5 years.Maximum Sentence is 5 years.

5. What is the mens rea of 5. What is the mens rea of manslaughter?manslaughter?

Recklessness of the action Recklessness of the action determined by reasonable determined by reasonable person test.person test.

6. Identify and briefly explain the two 6. Identify and briefly explain the two defences that can reduce a murder defences that can reduce a murder

charge of manslaughter.charge of manslaughter.

1.1. ProvocationProvocation – time frame/heat of the – time frame/heat of the moment/reasonable given moment/reasonable given circumstancescircumstances

2.2. IntoxicationIntoxication – The Crown must prove – The Crown must prove killing/necessary intent (specific) If killing/necessary intent (specific) If Crown can’t prove specific intent, Crown can’t prove specific intent, manslaughter (general intent) only manslaughter (general intent) only optionoption

7. Identify and explain the 3 levels of 7. Identify and explain the 3 levels of assault including penalties.assault including penalties.

AssaultAssault – minor infraction with no lasting – minor infraction with no lasting damage - hybrid offence - max penalty 5 damage - hybrid offence - max penalty 5 yearsyears

Assault with a weapon/causing bodily Assault with a weapon/causing bodily harmharm – injury more serious consequences – injury more serious consequences for victim or with a weapon – hybrid for victim or with a weapon – hybrid offence – max penalty 10 years.offence – max penalty 10 years.

Aggravated AssaultAggravated Assault – serious life- – serious life-threatening injuries – indictable offence – threatening injuries – indictable offence – max penalty 14 yearsmax penalty 14 years

8. Identify and explain the 3 levels of sexual 8. Identify and explain the 3 levels of sexual assault including penalties.assault including penalties.

Sexual AssaultSexual Assault – minor infraction with no – minor infraction with no lasting damage - hybrid offence - max lasting damage - hybrid offence - max penalty 10 yearspenalty 10 years

Sexual Assault with a weapon/causing Sexual Assault with a weapon/causing bodily harm/threats to third partybodily harm/threats to third party – injury – injury more serious consequences for more serious consequences for victim/third party or with a weapon – victim/third party or with a weapon – indictable offence – max penalty 14 years.indictable offence – max penalty 14 years.

Sexual Aggravated AssaultSexual Aggravated Assault – serious life- – serious life-threatening injuries – indictable offence – threatening injuries – indictable offence – max penalty life in prisonmax penalty life in prison

9. 9. Discuss the legal issues surrounding Discuss the legal issues surrounding the issue of euthanasia.the issue of euthanasia.

EuthanasiaEuthanasia - mercy killing or one person acting to end the life of - mercy killing or one person acting to end the life of another. another.

different levels of consent for euthanasia - voluntary and different levels of consent for euthanasia - voluntary and involuntary euthanasia. involuntary euthanasia.

Voluntary euthanasiaVoluntary euthanasia - when a patient expresses the wish to die either - when a patient expresses the wish to die either in writing or verbally. in writing or verbally.

Involuntary euthanasiaInvoluntary euthanasia - if individual is unable to make his/her wishes - if individual is unable to make his/her wishes known or does not want to die despite his/her condition.known or does not want to die despite his/her condition.

Assisted suicide, voluntary and involuntary suicides - homicide Assisted suicide, voluntary and involuntary suicides - homicide under the Criminal Code. under the Criminal Code.

cases involving elderly, disabled spouses are often dealt with cases involving elderly, disabled spouses are often dealt with compassionately by the courts. compassionately by the courts.

patients are allowed to refuse treatment if of sound mind. patients are allowed to refuse treatment if of sound mind. Problem is if the patient not of sound mind. Problem is if the patient not of sound mind.

Signing care directives. Without a care directive, legal Signing care directives. Without a care directive, legal guardians/physicians make the decisions guardians/physicians make the decisions

right to die, medical profession dilemma, living wills, standards right to die, medical profession dilemma, living wills, standards for new lawfor new law

10. Identify the 3 motor vehicle offences 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any listed in the Criminal Code and explain any

one of them.one of them.

1.1. Dangerous Operation of a Motor VehicleDangerous Operation of a Motor Vehicle

Crown must prove safety/lives of others Crown must prove safety/lives of others endangered because driver failed to exercise same endangered because driver failed to exercise same care as a prudent driver under same conditions. care as a prudent driver under same conditions.

Dangerous operation - hybrid offence - max Dangerous operation - hybrid offence - max penalty 5 years. penalty 5 years.

Dangerous operation causing bodily harm - Dangerous operation causing bodily harm - indictable offence –max penalty 10 years. indictable offence –max penalty 10 years.

Dangerous operation causing death – indictable Dangerous operation causing death – indictable offence – max penalty 14 yearsoffence – max penalty 14 years

10. Identify the 3 motor vehicle offences listed in 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them.the Criminal Code and explain any one of them.

(Continued)(Continued)2. Failure to Stop at the Scene of an Accident2. Failure to Stop at the Scene of an Accident

anyone involved in motor vehicle accident and does anyone involved in motor vehicle accident and does not stop, offer assistance, and give his or her name not stop, offer assistance, and give his or her name and address presumed to show intent to escape and address presumed to show intent to escape civil/criminal liability. civil/criminal liability.

Commonly known as ‘hit and run’Commonly known as ‘hit and run’

hybrid offence - max penalty 5 years. hybrid offence - max penalty 5 years. causing bodily injury is 10 years. causing bodily injury is 10 years.

causing death, maximum of life in prison.causing death, maximum of life in prison.

10. Identify the 3 motor vehicle offences listed in the 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them. Criminal Code and explain any one of them. (Continued)(Continued)

3. 3. Impaired DrivingImpaired Driving

proof that a driver is impaired, either by drugs or alcohol, can come from a 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 number of sources (erratic driving, slurred speech, or inability to walk a straight line, or the smell of alcohol on his/her breath). straight line, or the smell of alcohol on his/her breath).

Another source of proof breath/blood (amount of alcohol in bloodstream). 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.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 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 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 Breathalyzer test. If individual cannot take the test because of an existing medical problem may give a blood sample taken by a qualified medical medical problem may give a blood sample taken by a qualified medical practitioner practitioner

Operating a motor vehicle while impaired/refusing to provide a breath/blood Operating a motor vehicle while impaired/refusing to provide a breath/blood sample hybrid offences.sample hybrid offences.

severity of the punishment increases for subsequent offences. severity of the punishment increases for subsequent offences.

Impaired driving causing bodily harm - indictable offence - maximum penalty 10 Impaired driving causing bodily harm - indictable offence - maximum penalty 10 years.years.

If an impaired driver kills someone, the maximum penalty is life in prison.If an impaired driver kills someone, the maximum penalty is life in prison.

11. What is the difference between 11. What is the difference between theft and robbery?theft and robbery?

Both involve the taking of Both involve the taking of property that does not belong property that does not belong to the individual but robbery to the individual but robbery involves the use of force and involves the use of force and violence.violence.

12. How does the colour of right 12. How does the colour of right influence theft cases?influence theft cases?

determines any claim of determines any claim of ownership for item/items in ownership for item/items in question in theft cases. question in theft cases.

Those without any reasonable Those without any reasonable colour of right who take items colour of right who take items will be charged and likely found will be charged and likely found guilty of theft.guilty of theft.

13. How is sentencing determined 13. How is sentencing determined in theft cases?in theft cases?

theft under $5000 penalty – theft under $5000 penalty – hybrid offence max 2 yearshybrid offence max 2 years

theft over $5000 penalty – max theft over $5000 penalty – max 10 years10 years

14. What element of intent must be 14. What element of intent must be proven in break and enter cases?proven in break and enter cases?

Specific Intent – person stealing Specific Intent – person stealing intended to do further wrongintended to do further wrong

person must not have any colour person must not have any colour of right (legal claim) to the of right (legal claim) to the item(s)item(s)

accused must intend to deprive accused must intend to deprive owner of item and convert to owner of item and convert to his/her own usehis/her own use

15. What are the two things that 15. What are the two things that most commonly disrupted in most commonly disrupted in

mischief cases?mischief cases?

PropertyProperty

datadata

16. What must be proven in order 16. What must be proven in order for the Crown to successfully try a for the Crown to successfully try a

fraud case?fraud case?

the accused deliberately and the accused deliberately and purposely deceived someone in purposely deceived someone in order to cause the loss of order to cause the loss of property, money or serviceproperty, money or service

17. Name the two summary 17. Name the two summary conviction and two indictable conviction and two indictable

offences related to prostitution.offences related to prostitution. Summary Conviction OffencesSummary Conviction Offences

1.1. SolicitingSoliciting

2.2. keeping a common bawdy housekeeping a common bawdy house

Indictable OffencesIndictable Offences1.1. ProcuringProcuring

2.2. Living off the avails of prostitutionLiving off the avails of prostitution

18. 18. Identify and explain the 3 types Identify and explain the 3 types of disorderly houses.of disorderly houses.

Common bawdy house – prostitutionCommon bawdy house – prostitution

Common betting house – keeper of Common betting house – keeper of house keeps portion of all winning bets house keeps portion of all winning bets mademade

Common gaming house – keeper of the Common gaming house – keeper of the house keeps a portion of the winnings house keeps a portion of the winnings from all games.from all games.

19. 19. According to the Criminal Code, what According to the Criminal Code, what are the 3 qualifying points for possession of are the 3 qualifying points for possession of

illegal drugs?illegal drugs?

1.1. person in possession must know what the item person in possession must know what the item is and have some measure of control over it.is and have some measure of control over it.

2.2. Person may be found in possession even if Person may be found in possession even if he/she gave the item in question to another he/she gave the item in question to another person.person.

3.3. Person can be charged with possession even if Person can be charged with possession even if he/she does not own the controlled substance he/she does not own the controlled substance or have it in his/her possession, as long as the or have it in his/her possession, as long as the person knows about it and consents to its person knows about it and consents to its possession by someone else. (implied possession by someone else. (implied consent/express consent)consent/express consent)

20. In order to gain a conviction for money 20. In order to gain a conviction for money laundering, what must the Crown prove?laundering, what must the Crown prove?

Actus ReusActus Reus – any use, transfer, possession of, – any use, transfer, possession of, sending/delivering, transporting, transmitting, sending/delivering, transporting, transmitting, altering, disposing of, or otherwise dealing with any altering, disposing of, or otherwise dealing with any proceeds of crime proceeds of crime

Mens ReaMens Rea – divided into 2 parts – divided into 2 parts 1.1. intention – to conceal/convert illegally obtained money/propertyintention – to conceal/convert illegally obtained money/property2.2. knowledge – that all/part of money was illegally obtained.knowledge – that all/part of money was illegally obtained.

Subject Matter of the offenceSubject Matter of the offence – existence of – existence of

money/property obtained by committing a criminal money/property obtained by committing a criminal offence, participating in a conspiracy or attempt to offence, participating in a conspiracy or attempt to commit an offence, counseling or being an accessory commit an offence, counseling or being an accessory after the fact or committing any act or omission after the fact or committing any act or omission related to an offence.related to an offence.