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73 Cards in this Set
- Front
- Back
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Define Law |
A series of rules that govern societies |
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Types of law - 3 |
Common law - traditional law Statute Law - written by gov't Case Law - previous Court decision |
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Categories of Law - 2 |
Procedural - how law is to be enforced Substantive - rights and duties of people |
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Classifications of Offences - 3 |
Summary - less serious Hybrid - tried by summary or indictable, elected by Crown Indictable - more serious |
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Facts-In-Issue -Define -acronym |
Things to prove beyond reasonable doubt T-ime and date I-dentity of accused P-lace of offence P-lus elements of the offence |
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Elements of a Criminal Offence |
Mens Rea - intent Actus Reas - guilty act |
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Commencing of charges |
When an information is sworn to before the courts. Names accused, and charges Anyone can lay an information |
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Criminal offence |
A breach of federal law |
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Find committing |
Seeing the person commit the offence OR seeing person commit offence and freshly and continuously pursuing |
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Reasonable grounds |
A set of facts or circumstances, which would satisfy an ordinary, cautious, and prudent person that there is reason to believe and goes beyond a mere suspicion |
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Arrest |
A. Take or get physical control with intent to detain B. A person who accompanies a po with understanding that their liberty has been taken away |
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Accused |
Person who has been issued an appearance notice and a person arrested for a criminal offence |
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Peace officer release |
Appearance notice -Issued by a peace officer -Requiring a person to appear in court -Done at scene Crim Summons -Issues at scene -Compels accused to court -MUST swear to an information |
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OIC Release |
Promise to appear -person competes fingerprints, and attends court Recognizance (form 11) -Compels person to court -with or without deposit of $500 Undertaking -conditions attached to pta or recog |
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Justice /judge release |
Recognizance -compel person to court -with or without deposit, any amount to ensure compliance Undertaking -can be issued by itself to ensure court appearance with conditions |
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Subpoena |
Compels witness to court |
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Executed |
Competed, carried to full effect (person brought to court) |
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Lawful authority |
Authorized by law, acting in good faith |
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Acting in good faith |
-With honest intention -Free from any knowledge or irrevarity |
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Justified |
Perfected from civil and criminal liability |
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Detention |
A restraint of liberty other than arrest |
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Forthwith |
Within a reasonable time |
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RCA |
When attending incident R-ecognize offence C-lassify offence A-uthorities |
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PIC |
Why you should arrest P-revent continuation I-nvestigate C-ourt |
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553 Offences |
-Absolute jurisdiction of Prov Court Judge -Cannot elect for trial by judge and jury |
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553 Offences Acronym: UMMCD |
Under 5K Miscellaneous Moral Compliance Drugs |
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494(1) - Powers of Arrest |
Any person may arrest without warrant A. FC - I/O B. RG - C/O -escaping and freshly pursued by person with lawful authority |
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494(2)-Arrest by Owner |
Owner OR person in lawful authority -FC - C/O and -Make arrest at that time or -within a reasonable time after if, -RG not feasible for P/O to make arrest |
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494(3)-Delivery to P/O |
SHALL deliver forthwith |
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495(1)-Arrest without warrant by P/O |
A. Has committed I/O (present), RG has committed I/O (Past), or about to commit an I/O (Future) B. FC - C/O C. RG - valid warrant (arrest/committal) within territorial jurisdiction |
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524(2)- Interim Release Arrest |
A. RG - Contravened or about to contravene condition B. RG - breached release document. |
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31- Breach Of Peace |
P/O may Arrest when: FC - Breach of peace or RG - person is about to renew or join in on Breach -harm actual/likely to person/property -person in fear of being harmed through assault, affray, or riot |
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Steps to proper arrest - 6 |
1. Identify self 2. Tell person they are under arrest 3. Tell person why they are under arrest 4. Take physical control 5. RTC 6. Ask if person if they understand RCT, and Arrest |
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Prosper Warning |
If accused initially says yes to RTC and then changes mind to waiving rights. P/O must explain what the accused is giving up. |
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4 P's |
Protect public Protect accused Protect property Prevent Breach of peach |
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495(2) - Limitations |
P/O SHALL NOT arrest for: A. 553 Indictable B. Dual Procedure C. Summary conviction When PRICE is satisfied |
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PRICE |
P-ublic Interest R-epetition I-dentity C-ourt E-vidence |
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496-Appearance Notice |
When P/O does not arrest, -MAY issue appearance notice. |
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29(2)-Notice Upon Arrest |
Reason for arrest |
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S. 10 Charter - Duties for arrest |
Everyone has right on arrest or detention: - why they were arrested -retain counsel -to have validity of detention determined by way of habeas corpus (body before the Court) |
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S. 25 - Protection of Person Acting in Authority |
Authorized by law to do anything to enforce law on RG is justified in using as much force as necessary |
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S. 26 C. C. |
Excessive force - everyone is criminally responsible for any excess thereof |
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S. 1 Charter |
Guarentee rights and freedom prescribed by law |
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LSDA 24 (Acronym) |
L-ife, liberty and security - S. 7 S-earch and seizure - S. 8 D-etained or imprisoned - S. 9 A-rrest or detained - S. 10 24-remedies |
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S. 497(1.1) - SHALL not release, when: |
PRICES is NOT met P-ublic Interest (4 P's) R-epetition of offence I-dentity C-ourt E-vidence S-afety and security of victims and witnesses |
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Bail Hearing -Definition |
When accused is not released, then accused is taken before a Justice to determine suitability for release |
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Show Cause |
Prosecutor must show why the accused should be held in custody -primary grounds: ensure attendance in court -secondary grounds: protection of victims and witnesses -tertiary grounds: maintain confidence in administration of justice |
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Reverse Onus |
Acussed shows why they should be released |
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Warrants |
Warrant in the 1st instance: -P/O swears an information to arrest
Bench: -judge issues for fail to appear to court
Material witness warrant: -compel a witness to court, when subpoena already issued ***allows arrest***
Committal Warrant: -bring accused to detention centre when sentence given |
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Assault - Definition |
Without consent, applies force intentionally, directly or indirectly Attempts or threatens, by act or gesture to apply force. Person believes on RG that there is present ability to affect Wearing or carrying a weapon or imitation while acosts, impedes or begs |
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Weapon |
Anything used, designed, intended for use, in causing death or injury OR anything used to threaten or intimidate a person including any firearm |
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No consent is obtained where: |
Application of force to CM or other, Threats or fear of force, Fruad, or Excersize of authority |
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S.267 - Assault Bodily Harm / With Weapon |
Carries uses or threatens use of weapon or imitation or cause bodily harm ***Bodily harm: more than trifling or transient*** |
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Aggravated Assault |
Wounds, maims, disfigers, or endangers life ***Maims: loss of ability to fight back*** ***Wounds:stabs*** |
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Assaults peace officer |
PO engaged in execution on his duty With intent to resist or prevent the lawful arrest or detention of himself or other |
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Trespass at night |
***SUMMARY - FC*** ***REVERSE ONUS*** -Without lawful excuse -loiters or prowels -at night on property of another person -near a dwelling house |
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Micheif |
***DUAL*** -Destroys or damages property -Renders property dangerous, useless, inoperative, or ineffective. -obstructs, interrupts, or interferes, with any person |
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Cause Disturbance |
Not being in a dwelling house causes a disturbance in or near a public place by: - fighting, screaming, swearing, singing, using insulting or obscene language -by being drunk -impeding or molesting -exposes indecent exhibition in a public place -loiters and obstructs in a public place -discharges firearms or by other disorderly conduct in public place or not being an occupant |
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Sexual Assault -Definition |
An assault Of sexual nature Violating Victims sexual integrity ***does not have to be an intent of sexual purpose*** |
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Actus Reus - 3 elements to prove (VSA) |
Unwanted sexual touching V-oluntary touching S-exual nature A-bsent consent |
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Levels of Sexual Assault |
Sex assault (Level 1) -includes: grabbing, groping, touching, brushing, tearing clothes, to penetration *continuum*
Sex Assault w/ weapon or cause bodily harm or threats to third party (level 2) -carries, uses or threatens to use a weapon -Bodily harm to complainant -threatens bodily harm to 3rd party Aggravated sex assault (Level 3) -Wounds, maims, disfigures, or endangers life. |
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Age to Consent |
Age of consent is 16 |
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No consent obtained when: (Assault) |
-Force to complainant or other person -threats or fear of force to complainants or another person -Fruad -excersize of authority |
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No consent obtained when:(Sex Assault) |
1. Someone other than complainant consents 2. Complainant incapable of consenting (drugs/alcohol/mental capacity) 3. Inducted by Position of trust or authority 4. Refuse consent 5. Withdraws consent |
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Mistaken belief in consent cannot be used as a defence from: |
1. Self induced intoxication2. Recklessness or willfull blindness |
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Child sex offences |
Sexual interference Invitation to sexual touching Sexual exploitation |
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Sexual interference |
Every person -for sexual purpose -touches directly or indirectly -with part of body or object -any part of the body of person UNDER 16 |
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Invitation to Sexual touching |
Every person -for sexual purpose -INVITES, COUNSELS OR INCITES -person UNDER 16 -to touch directly, or indirectly -with part of body, or object -to body of any person |
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Exemption - 12 or 13 Y/O cannot be tried for sexual interference or invitation to touching unless: |
-In a position of T or A (babysitter) -Rationship of dependancy (parent) -relation is exploitive (pimp) |
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Sexual exploitation |
-For sexual purpose -TIPP for sexual interference and invitation Instead of under 16 is a YP (16-17) -person in position of T or A -relationship of dependency -relationship is exploitative |
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Consent for 12 - 13 |
There is consent if: -less than 2 years age difference -NOT in position of T or A / dependency / exploitative |
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Consent 14 - 15 |
There is consent -less than 5 years age difference AND -not in position of T or A, not in relationship of dependency, not exploitative. |
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Mistake of age |
Defence is took all reasonable steps to determine age |
