Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
22 Cards in this Set
- Front
- Back
|
Murder (Defection) - 1st Degree? - 2nd Degree? - Min? Max? |
Murder most serious violent crime, involves intentional killing 1 st degree occurs if any of the following exists: (CAUSATION is KEY!) murder is planned and deliberate victim is law-enforcement agent occurs during hijacking, sexual assault, kidnapping etc… 2 nd degree is intentionally causing death in all but above circumstances minimum sentence for both is life imprisonment |
|
|
Manslaughter -Mr? -Ar? |
Manslaughter culpable homicide but requires only general intent AR elements are directly or indirectly causing death of a human being by MR is that a reasonable person would inevitably recognize that the Two common defences are PROVOCATION and INTOXICATIONmeans of an unlawful actunlawful act could subject a victim to the risk of bodily harm or death“wrongful act or an insult that is of such a nature as to be sufficient todeprive an ordinary person of the power of self-control.” |
|
|
Infanticide - Max/Min? |
Infanticide killing of a newborn by his/her mother usually associated with post-partum depression or mental disturbance maximum penalty is 5 years/ rarely seen before the courts |
|
|
Suicide/Euthanasia |
Suicide/Euthanasia it is an offence to aid or counsel anyone into committing suicide until 1972, it was an offence to attempt to commit suicide euthanasia (mercy killing) – acting to end another’s person’s life Voluntary/ Involuntary and Passive / Active age, physical health, mental health etc… are all considered |
|
|
Assault 1,2,3 levels assault? mr/ar? |
Assault intentionally using force against another person, threatening someone, INTENT is necessary part of defining an action as an assault CONSENT is also an issue (fight in school etc…) 3 main levels of assaultand displaying a weapon or interfering with another’s movements 1 st level: applying intentional force to another, without consent attempting or threatening, by an act or gesture, to apply force accosting or impeding another (begging), while openly wearing orcarrying a weapon or imitation thereof 2 nd level: assault causing bodily harm while committing an assault, carries, uses, or threatens to use aweapon or imitation thereof, or causes bodily harm 3rd level: aggravated assault committed if a person wounds, maims, disfigures, or endangers thelife of the victim MR necessary is only to commit bodily harm |
|
|
Sexual Assault 1,2,3 levels? age of consent? |
Sexual Assault offences of rape and indecent assault were re-written in 1980’s to 3 main levels which parallel the three levels of ASSAULTemphasize the violent, rather than sexual, nature of these crimes 1 st level: same as assault, except that it occurs in relation to sexualconduct 2 nd level: Sec. 272 – addition of weapon or threatening component 3 rd level: Sec. 273 – aggravated sexual assault CONSENT is a critical issue Sec. 276 analyzes issue of a person’s sexual past, and the relevance it Age of Consent…as of 2008 it is 16..brings to a given case – (rape shield!) Judges use their discretion for value Where issues of trust, authority, dependency are concerned it is 18 “close in age group exception” – 2 yrs older is the limit |
|
|
Other Sexual Offences: |
Other Sexual Offences: law protects people from being pressured into having sexual relations 14 is generally the benchmark for age of “consent” (3 year window!) bestiality, procuring, indecent exposure, incest, sexual exploitation very serious issues with high impact on society |
|
|
Abduction |
Abduction forcible removal of an unmarried person under the age of 16 from the can be an issue in custody battlescare of a parent, guardian, or other person who has lawful care |
|
|
Robbery |
Robbery theft involving violence, the threat of violence (“This is a holdup”!), punishment for robbery can be life imprisonmentassault, or the use of offensive weapons (including imitations) |
|
|
Abortion |
Abortion removed from criminal code in 1989 such a personal issue, difficult to define when a fetus is a human being politicians won’t be touching this one for a long time! |
|
|
Weapons |
Weapons C.C. defines weapon as anything used or intended for use in causing 2 main categories: Prohibited (eg. gun silencers, switchblades, automatic all Canadians (estimates around 3 mill) must obtain a Possession anddeath or injury to a person or in threatening or intimidating any personfirearms, sawed-off shotguns etc…) vs. Restricted (eg. firearms that canbe fired with one hand, semi-automatic weapons etc…0Acquisition Licence (PAL) and register their firearms (Valid for 5 yrs) |
|
|
Prostitution |
Prostitution prostitution is LEGAL in Canada it is the procuring or soliciting for the purpose of prostitution that isillegal ( it must be pressing and persistent to constitute an offence) |
|
|
Obscenity |
Obscenity a very controversial issue (especially with widespread use of Internet) sex acts must be “degrading or dehumanizing” to be considered obscene comes in material form as well (mags, videos, etc…) |
|
|
Arson |
Arson the intentional or reckless causing of damage by fire or explosion to amended in 1990 to include more acts where another person is endangered or causes bodily harm (LIFE!)property where there is no danger to life (14 yrs) to possess any incendiary material or device, is illegal to set off false alarm is a hybrid offence with max. penalty at 2 yrs |
|
|
Theft |
Theft many elements must be present: act must be fraudulent, no colour of right (legal right), accused musthave intent to deprive 2 categories : Theft under $5000/ Theft over $5000 can also be charged with theft based on principle of recentpossession (stereo bought at corner of Viewmount and Merivale!) |
|
|
Break and Enter |
Break and Enter commonly called burglary (Sec. 321 and 350 of C.C.) to break any part, internal or external, or to open anything that is used or “enter” means that a person enters as soon as any part of the body or when someone illegally enters a residence by some other means to commit it is also an offence to possess housebreaking, vault-cracking or safe-intended to be used to close or to cover an internal or external openingpart of an instrument is within anything that is being enteredan indictable offence there is a separate offence (unlawfully entering adwelling-house)breaking tools, NO break-in need actually occur |
|
|
Fraud |
Fraud to knowingly misrepresent facts or obtain ends under false pretences many categories exist, Credit, Insurance, Academic, Employment etc.. |
|
|
Terrorism |
Terrorism as a result of 09/11, many changes have been made Canada defines “terrorist activity” as an action that takes place either the C.C. now allows names of “terrorist groups” or its members to be freezing of assets and deletion of website material are also optionswithin or outside of Canada that is an offence under the U.N. protocols oris an action taken for political, religious or ideological purposes andintimidates the public concerning its security …”published |
|
|
Criminal Harassment |
Criminal Harassment “stalking” added to C.C. in 1993 (usually with well-connected people) prohibits repeated communication where another person reasonablyfears for their safety |
|
|
Identity Theft |
Identity Theft the act of stealing someone else’s identity for criminal purposes eg’s mail theft, misuse of personal data in business transactions, Sec 342 has some details concerning computers and debit/credit cards“phishing”, “spoofing”, pretexting |
|
|
Criminal Negligence |
Criminal Negligence Sec. 219 of C.C. identifies 3 categories operation of a motor vehicle causing bodily harm causing death Intent in NOT necessary/ “Reasonable” is a key issue
|
|
|
Mischief |
Mischief relates to a variety of circumstances involving the deliberate destructionof property (eg. egging, computer hacking etc…) |
