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42 Cards in this Set
- Front
- Back
What is a criminal offence? |
any offence against a statute of canada or the revised statute of canada. |
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Provincial offences are criminal offences. True/False |
False |
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What are annotations? |
summaries of relevant case law |
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What are the 4 cornerstones of justice? |
innocent until proven guilty Proof beyond a reasonable doubt fair and public hearing Burden of proof is on the crown |
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What are the elements of an offence? |
Actus Reus Mens Rea |
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What are the 4 components of Actus Reus? |
Conduct Circumstances Consequence Causation |
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What are the 4 components of Mens Rea? |
Intention knowledge recklessness Willful blindness |
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Wat does animate mean? |
A living thing |
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What does Inanimate mean? |
Without life |
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The Doctrine of Recent posession was developed through ___________ law |
Case law |
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What does Animus Furandi mean? |
Intent to steal |
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Animus Furandi must be present in all theft cases. True/False? |
True |
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What is the actus reus in theft? |
The taking or converting of anything. Moving or beginning to cause it to be movable if it is done with the intent to steal |
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What is the mens rea in theft? |
Taking or converting was done fraudulently without colour of right. Also requires that accused had the intent to deprive the owner of the property temporarily or permanently |
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Theft over $5000 is a/an _____________ offense |
Indictable |
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Theft under $5000 is a/an ____________ offense |
hybrid |
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What is "converting" property? |
A person has converted property when they have legally obtained the property but fail to return it. E.g. a library book |
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A person commits assault when, without the ________ of another person, ________ ________ intentionally, directly or inderectly. |
consent, applies, force, directly, indirectly |
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What is the actus reus in assault? |
The physical act of applying force without the consent of another person. |
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What is the mens rea in assault? |
Intentionally applying force without the consent of another person |
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Actual physical contact is required for an assault. True/False |
False |
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What is Assault with a weapon or Causing bodily harm? |
Assault plus carries,uses or threatned to use a weapon or imitation
Or Causes bodily harm |
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Who decides if an assault is aggravated? |
The courts |
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What is an aggravated assault? |
everyone commits an aggravated assault who: Wounds, maims, disfigures or endangers the life of the complainant |
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What is the mens rea for aggravated assault? |
The mens rea for assault plus objective foresight of the risk of bodily harm |
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What are the 3 levels of assault? |
Assault Assault with a weapon or causing bodily harm Aggravated assault |
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Consent to sexual touching must be ________ |
Freely given with knowledge of the nature of the act being consented to |
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Consent is not valid if it is the result of _________ |
The applicaton or threat of application of force Fraud The exercise of authority |
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What is robbery? |
Theft with violence |
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The violence during a robbery needs to be directed at the person being robbed True/False? |
False |
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The accused needs to be armed in robbery True/False? |
False |
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The minimum sentence for robbery is __________? |
4 years |
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The maximum sentence for robbery is _________? |
Life |
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Causing a disturbance is a _________ offence |
Summary |
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When is breaking and entering an indictable offence? |
If in relation to a dwelling house |
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What is the definition of night in the Criminal Code? |
9pm-6am |
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What is the stare decisis doctrine? |
To stand by what has been decided and the lower courts must stand by what the higher courts have decided |
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It is a criminal offence to violate a persons charter rights. True/False? |
False |
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What is Section 24 of the charter known as? |
The Remedy Section |
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What are 4 examples of true defences |
Mental Disorder Intoxication Necessity Duress & Compulsion |
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What are the 2 classes of defences? |
True Defences Passive |
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What is the actus reus for fraud? |
Dishonesty and Deprivation |