Criminal Code of Canada Quiz

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Questions and Answers

The Criminal Code outlines all criminal offences in Canada.

False (B)

A person cannot be convicted in criminal court and sued in civil court for the same matter.

False (B)

Res judicata refers to the prohibition of being convicted twice for the same matter.

True (A)

A stay of proceedings stops the proceedings or trial indefinitely.

<p>False (B)</p> Signup and view all the answers

'To be an aider, they have to do more than just omit to do something' This statement is true.

<p>True (A)</p> Signup and view all the answers

What two types of liability are discussed in this text, regarding legal responsibility?

<p>Strict liability and absolute liability.</p> Signup and view all the answers

What is the difference between strict liability and absolute liability?

<p>Strict liability is a legal doctrine that holds a person liable for an action, even if they did not have the intent to commit the crime. Absolute liability, on the other hand, requires no intent to commit the crime, and simply focuses on the action itself, regardless of intent. While strict liability leaves open the possibility for the accused to argue due diligence as a defence, absolute liability does not permit any defence regarding intent.</p> Signup and view all the answers

Specific intent is the desire to commit a criminal act for its own sake, while General intent is the desire to commit a criminal act to accomplish another goal.

<p>True (A)</p> Signup and view all the answers

In Stellato, the court concluded that a marked departure from normal conduct was required to prove impairment while driving.

<p>False (B)</p> Signup and view all the answers

The standard of proof in Entrapment cases is beyond a reasonable doubt.

<p>False (B)</p> Signup and view all the answers

Due diligence is a possible defence to strict liability offences.

<p>True (A)</p> Signup and view all the answers

A person can raise the defence that they did not understand the law, to escape conviction.

<p>False (B)</p> Signup and view all the answers

A general intent offence necessitates proof of the actus reus only.

<p>True (A)</p> Signup and view all the answers

The annotated criminal code's purpose is to assist in understanding the related provisions section.

<p>True (A)</p> Signup and view all the answers

What is the difference between a subjective test and an objective test in criminal law?

<p>A subjective test in criminal law evaluates a person's state of mind, their intentions, beliefs, or knowledge at the time of a particular event. It focuses on what the individual personally knew or believed, rather than what a reasonable person would have known or believed. An objective test examines the situation from a neutral standpoint, considering what a reasonable person would have known or believed in the same circumstances.</p> Signup and view all the answers

The standard of proof in criminal law is "more likely than not".

<p>False (B)</p> Signup and view all the answers

An alibi defence requires proving reasonable doubt.

<p>False (B)</p> Signup and view all the answers

A person can be convicted of the crime on a conditional stay.

<p>True (A)</p> Signup and view all the answers

A person cannot be convicted of a crime if they were under the age of 12 when the crime was committed.

<p>True (A)</p> Signup and view all the answers

A person can successfully argue that they did not understand the law, and therefore should not be convicted.

<p>False (B)</p> Signup and view all the answers

What is the difference between actus reus and mens rea?

<p>Actus reus is the physical act of the crime, while mens rea refers to the mental state or intent of the accused.</p> Signup and view all the answers

An air of reality is a test that determines whether a defence has a reasonable foundation.

<p>True (A)</p> Signup and view all the answers

What is the difference between an aider and an abettor?

<p>An aider assists in the commission of a crime, while an abettor encourages or incites the crime to be committed.</p> Signup and view all the answers

The term "count" in criminal law is synonymous with "charge".

<p>True (A)</p> Signup and view all the answers

The use of the word “means” in the definition section of the Criminal Code allows for other circumstances to fall within the definition.

<p>False (B)</p> Signup and view all the answers

A defence to a Criminal charge must demonstrate that the accused lacked the mens rea or actus reus of the offence.

<p>True (A)</p> Signup and view all the answers

What are the three elements required to argue necessity as a defence in criminal law?

<p>The three elements are imminent peril or danger, no legal alternative, and proportional harm inflicted than harm done.</p> Signup and view all the answers

Case law provides an explanation of ambiguous portions of the Criminal Code.

<p>True (A)</p> Signup and view all the answers

An act of automatism can negate voluntariness.

<p>True (A)</p> Signup and view all the answers

Duress is a defence to non-violent crimes.

<p>True (A)</p> Signup and view all the answers

A person can be charged as a party to an offence if they intended to aid in the commission of a crime.

<p>True (A)</p> Signup and view all the answers

The onus of proof in a criminal case is on the defendant.

<p>False (B)</p> Signup and view all the answers

Police officers conduct preliminary investigations, while crown counsel represents public interest in the prosecution.

<p>True (A)</p> Signup and view all the answers

A judge only provides sentencing once the jury has reached a verdict.

<p>False (B)</p> Signup and view all the answers

The Criminal Code encompasses four key factors: offences, punishments, defences, and processes.

<p>True (A)</p> Signup and view all the answers

The term "highway" refers to any road meant for public use.

<p>True (A)</p> Signup and view all the answers

A person who is considered mentally ill is not considered criminally responsible for illegal acts.

<p>True (A)</p> Signup and view all the answers

A person who genuinely believes they have the right to act in a way that breaks the law can use this as a valid defence.

<p>True (A)</p> Signup and view all the answers

Duress can be raised as a defence when the threat is made against a third party.

<p>False (B)</p> Signup and view all the answers

If an accused raises the defence of an alibi and it is disproved, this can be used as evidence against them.

<p>True (A)</p> Signup and view all the answers

For the entrapment defence to be successful, the accused must only show that they were provided with an opportunity to commit a crime.

<p>False (B)</p> Signup and view all the answers

An accused can be found guilty of a strict liability offence even if they did not know that they were committing a crime.

<p>True (A)</p> Signup and view all the answers

Automatism due to alcohol intoxication is a recognised defence to criminal charges.

<p>False (B)</p> Signup and view all the answers

The defence of "colour of right" can apply whether the person acted in good faith or not.

<p>False (B)</p> Signup and view all the answers

A person who is charged with a Summary offence can be tried by a judge only.

<p>True (A)</p> Signup and view all the answers

Being found guilty of an indictable offence allows for a maximum sentence of two years.

<p>False (B)</p> Signup and view all the answers

A hybrid offence can be treated as either a summary or indictable offense.

<p>True (A)</p> Signup and view all the answers

If a person is deemed to commit a "strict liability" offence, they can be found guilty without proof of mens rea.

<p>True (A)</p> Signup and view all the answers

The doctrine of "recent possession" only applies to items that have been stolen.

<p>True (A)</p> Signup and view all the answers

The defence of "abandonment" can be used when a person is accused of aiding and abetting.

<p>True (A)</p> Signup and view all the answers

Abuse of process is a defense to a crime, only if there was police misconduct.

<p>False (B)</p> Signup and view all the answers

If an individual is acting in a way that is not intended to cause harm or is unintentional, this will successfully establish the defense of "accident" in criminal law.

<p>False (B)</p> Signup and view all the answers

The legal presumption in a criminal case is that a person is mentally disordered.

<p>False (B)</p> Signup and view all the answers

Police officers need to have a reasonable suspicion that a person is engaged in criminal activity before they can use entrapment as a defense.

<p>True (A)</p> Signup and view all the answers

Entrapment is a defense in a criminal case, where a police officer provides someone with an opportunity to commit a crime.

<p>True (A)</p> Signup and view all the answers

A person can be found guilty of a criminal offence if they were in a "state of intoxication" when they committed the crime.

<p>True (A)</p> Signup and view all the answers

A person can be found guilty of a criminal offence regardless of whether the act was committed in Canada or outside of Canada.

<p>False (B)</p> Signup and view all the answers

The doctrine of "recent possession" can be raised as a defence in a criminal case.

<p>False (B)</p> Signup and view all the answers

The word "means" in the Criminal Code refers to all possible circumstances that could fall under the definition.

<p>False (B)</p> Signup and view all the answers

A person is not considered criminally responsible for an act they committed that they understand is wrong, if they claim they were acting under the influence of a mental disorder.

<p>True (A)</p> Signup and view all the answers

Flashcards

Res Judicata

The legal principle that a final judgment on the merits by a competent court prevents a second attempt to litigate the same cause of action between the same parties.

Stay of Proceedings

A court order temporarily or permanently halting a legal proceeding.

Actus Reus

The physical act that constitutes a crime.

Mens Rea

The mental state or intent required for a crime.

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Strict Liability

Legal responsibility for an act regardless of intent.

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Absolute Liability

Legal responsibility that automatically assumes intent.

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General Intent

The intent to commit a criminal act, without needing a specific purpose.

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Specific Intent

Intent to commit a crime for a specific purpose.

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Due Diligence

A defense asserting reasonable care was taken to avoid violating the law.

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Entrapment

A legal defense claiming police induced the commission of a crime.

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Justification

A defense asserting actions were justified given the circumstances.

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Abuse of Process Remedy

A stay of proceedings as a remedy for abuse of legal process.

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Air of Reality

A prerequisite test for proposed criminal defenses, requiring an evidential foundation.

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Alibi

A defense claiming the accused was elsewhere at the time of a crime.

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Aider

Someone helping a crime be committed.

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Abettor

Someone encouraging or prompting a crime.

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Accessory After the Fact

Someone knowingly assisting a criminal after the crime.

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Subjective Test

A legal test evaluating a person's state of mind.

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Objective Test

Determining if something is reasonable based on the general, not specific circumstances.

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Balance of Probabilities

Standard of proof meaning something is more likely than not.

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Presumption of Innocence

A person is presumed innocent until proven guilty.

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Jurisdiction

The authority of a court to hear a case.

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Colour of Right

Defense of honest belief, even if the belief is not accurate about the law/facts, in specific circumstances.

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Duress

A defense claiming a person was forced to commit a crime.

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Intoxication

A state of being under influence of alcohol or other drugs.

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Parties to a crime

Persons involved in committing a crime (perpetrator, aider, abettor).

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Criminal Negligence

A level of carelessness that results in someone's death

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Study Notes

Criminal Code of Canada

  • The Canadian criminal code does not list all offences.
  • A person can be convicted in criminal court and also sued in civil court.
  • Res judicata prevents a person from being convicted for the same offence twice.
  • Stay of proceedings means a court halts a procedure temporarily or permanently.
  • Absent evidence to the contrary, statements are assumed to be true unless proven otherwise.
  • To be an aider, one must do more than just abstain from action.
  • Strict liability differs from absolute liability (intent not required in the former).
  • General intent is the desire to commit a crime; specific intent is criminal intent for an additional purpose.
  • Any impairment is enough for a specific intent crime, not just severe.
  • Proof of bad driving is not needed for some offences.
  • Conduct may be justified in specific contexts.
  • Due diligence is a defense for strict liability; facts must be truly believed accurate to avoid offence.
  • Strict liability and absolute liability are similar, the only difference is, that in absolute liability, compensation is mandatory, it is therefore irrelevant for the judgement whether the perpetrator knew the conditions.
  • Duress can be a defense when a person is forced to commit a crime.
  • An air of reality is needed for a proposed defense; it must have a reasonable basis.
  • The type of offence determines the court process, punishment, and preliminary inquiry.

Criminal Defences

  • Due diligence (defence for strict liability).
  • Automatism (a condition that negates voluntariness).
  • Alibi (the claim that the accused was elsewhere at the time of the crime).
  • Duress (the claim that the accused was forced to commit a crime).
  • Necessity (the claim that the accused had no other reasonable options).
  • Self-defence (the claim that the accused acted to protect themselves or others).
  • Intoxication (a diminished capacity defense or a complete defense).
  • Mistake of fact (the claim that the accused was wrongly informed about the facts).
  • Insane automatism (a defense for those who are not criminally accountable due to a mental condition).
  • Entrapment (the claim that the police provided the opportunity for the crime to be committed).
  • Legal presumption: "shall be deemed" indicates a legal presumption.
  • Jurisdiction: "Notwithstanding anything in this Act or any other Act, everyone who, outside of Canada..."
  • Accessory after the fact punishment is the same as someone who committed the crime.
  • Contempt of court is a common law offence when someone challenges the administration of justice.
  • Ignorance of law is not a defense.

Criminal Offences and Sentencing

  • Definitions, offences, punishments, and court processes.
  • Crimes can be divided into summary offences, indictable offences, and hybrid offences.

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