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Questions and Answers
The Criminal Code outlines all criminal offences in Canada.
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.
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.
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.
A stay of proceedings stops the proceedings or trial indefinitely.
'To be an aider, they have to do more than just omit to do something' This statement is true.
'To be an aider, they have to do more than just omit to do something' This statement is true.
What two types of liability are discussed in this text, regarding legal responsibility?
What two types of liability are discussed in this text, regarding legal responsibility?
What is the difference between strict liability and absolute liability?
What is the difference between strict liability and absolute liability?
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.
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.
In Stellato, the court concluded that a marked departure from normal conduct was required to prove impairment while driving.
In Stellato, the court concluded that a marked departure from normal conduct was required to prove impairment while driving.
The standard of proof in Entrapment cases is beyond a reasonable doubt.
The standard of proof in Entrapment cases is beyond a reasonable doubt.
Due diligence is a possible defence to strict liability offences.
Due diligence is a possible defence to strict liability offences.
A person can raise the defence that they did not understand the law, to escape conviction.
A person can raise the defence that they did not understand the law, to escape conviction.
A general intent offence necessitates proof of the actus reus only.
A general intent offence necessitates proof of the actus reus only.
The annotated criminal code's purpose is to assist in understanding the related provisions section.
The annotated criminal code's purpose is to assist in understanding the related provisions section.
What is the difference between a subjective test and an objective test in criminal law?
What is the difference between a subjective test and an objective test in criminal law?
The standard of proof in criminal law is "more likely than not".
The standard of proof in criminal law is "more likely than not".
An alibi defence requires proving reasonable doubt.
An alibi defence requires proving reasonable doubt.
A person can be convicted of the crime on a conditional stay.
A person can be convicted of the crime on a conditional stay.
A person cannot be convicted of a crime if they were under the age of 12 when the crime was committed.
A person cannot be convicted of a crime if they were under the age of 12 when the crime was committed.
A person can successfully argue that they did not understand the law, and therefore should not be convicted.
A person can successfully argue that they did not understand the law, and therefore should not be convicted.
What is the difference between actus reus and mens rea?
What is the difference between actus reus and mens rea?
An air of reality is a test that determines whether a defence has a reasonable foundation.
An air of reality is a test that determines whether a defence has a reasonable foundation.
What is the difference between an aider and an abettor?
What is the difference between an aider and an abettor?
The term "count" in criminal law is synonymous with "charge".
The term "count" in criminal law is synonymous with "charge".
The use of the word “means” in the definition section of the Criminal Code allows for other circumstances to fall within the definition.
The use of the word “means” in the definition section of the Criminal Code allows for other circumstances to fall within the definition.
A defence to a Criminal charge must demonstrate that the accused lacked the mens rea or actus reus of the offence.
A defence to a Criminal charge must demonstrate that the accused lacked the mens rea or actus reus of the offence.
What are the three elements required to argue necessity as a defence in criminal law?
What are the three elements required to argue necessity as a defence in criminal law?
Case law provides an explanation of ambiguous portions of the Criminal Code.
Case law provides an explanation of ambiguous portions of the Criminal Code.
An act of automatism can negate voluntariness.
An act of automatism can negate voluntariness.
Duress is a defence to non-violent crimes.
Duress is a defence to non-violent crimes.
A person can be charged as a party to an offence if they intended to aid in the commission of a crime.
A person can be charged as a party to an offence if they intended to aid in the commission of a crime.
The onus of proof in a criminal case is on the defendant.
The onus of proof in a criminal case is on the defendant.
Police officers conduct preliminary investigations, while crown counsel represents public interest in the prosecution.
Police officers conduct preliminary investigations, while crown counsel represents public interest in the prosecution.
A judge only provides sentencing once the jury has reached a verdict.
A judge only provides sentencing once the jury has reached a verdict.
The Criminal Code encompasses four key factors: offences, punishments, defences, and processes.
The Criminal Code encompasses four key factors: offences, punishments, defences, and processes.
The term "highway" refers to any road meant for public use.
The term "highway" refers to any road meant for public use.
A person who is considered mentally ill is not considered criminally responsible for illegal acts.
A person who is considered mentally ill is not considered criminally responsible for illegal acts.
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.
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.
Duress can be raised as a defence when the threat is made against a third party.
Duress can be raised as a defence when the threat is made against a third party.
If an accused raises the defence of an alibi and it is disproved, this can be used as evidence against them.
If an accused raises the defence of an alibi and it is disproved, this can be used as evidence against them.
For the entrapment defence to be successful, the accused must only show that they were provided with an opportunity to commit a crime.
For the entrapment defence to be successful, the accused must only show that they were provided with an opportunity to commit a crime.
An accused can be found guilty of a strict liability offence even if they did not know that they were committing a crime.
An accused can be found guilty of a strict liability offence even if they did not know that they were committing a crime.
Automatism due to alcohol intoxication is a recognised defence to criminal charges.
Automatism due to alcohol intoxication is a recognised defence to criminal charges.
The defence of "colour of right" can apply whether the person acted in good faith or not.
The defence of "colour of right" can apply whether the person acted in good faith or not.
A person who is charged with a Summary offence can be tried by a judge only.
A person who is charged with a Summary offence can be tried by a judge only.
Being found guilty of an indictable offence allows for a maximum sentence of two years.
Being found guilty of an indictable offence allows for a maximum sentence of two years.
A hybrid offence can be treated as either a summary or indictable offense.
A hybrid offence can be treated as either a summary or indictable offense.
If a person is deemed to commit a "strict liability" offence, they can be found guilty without proof of mens rea.
If a person is deemed to commit a "strict liability" offence, they can be found guilty without proof of mens rea.
The doctrine of "recent possession" only applies to items that have been stolen.
The doctrine of "recent possession" only applies to items that have been stolen.
The defence of "abandonment" can be used when a person is accused of aiding and abetting.
The defence of "abandonment" can be used when a person is accused of aiding and abetting.
Abuse of process is a defense to a crime, only if there was police misconduct.
Abuse of process is a defense to a crime, only if there was police misconduct.
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.
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.
The legal presumption in a criminal case is that a person is mentally disordered.
The legal presumption in a criminal case is that a person is mentally disordered.
Police officers need to have a reasonable suspicion that a person is engaged in criminal activity before they can use entrapment as a defense.
Police officers need to have a reasonable suspicion that a person is engaged in criminal activity before they can use entrapment as a defense.
Entrapment is a defense in a criminal case, where a police officer provides someone with an opportunity to commit a crime.
Entrapment is a defense in a criminal case, where a police officer provides someone with an opportunity to commit a crime.
A person can be found guilty of a criminal offence if they were in a "state of intoxication" when they committed the crime.
A person can be found guilty of a criminal offence if they were in a "state of intoxication" when they committed the crime.
A person can be found guilty of a criminal offence regardless of whether the act was committed in Canada or outside of Canada.
A person can be found guilty of a criminal offence regardless of whether the act was committed in Canada or outside of Canada.
The doctrine of "recent possession" can be raised as a defence in a criminal case.
The doctrine of "recent possession" can be raised as a defence in a criminal case.
The word "means" in the Criminal Code refers to all possible circumstances that could fall under the definition.
The word "means" in the Criminal Code refers to all possible circumstances that could fall under the definition.
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.
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.
Flashcards
Res Judicata
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
Stay of Proceedings
A court order temporarily or permanently halting a legal proceeding.
Actus Reus
Actus Reus
The physical act that constitutes a crime.
Mens Rea
Mens Rea
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Strict Liability
Strict Liability
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Absolute Liability
Absolute Liability
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General Intent
General Intent
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Specific Intent
Specific Intent
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Due Diligence
Due Diligence
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Entrapment
Entrapment
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Justification
Justification
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Abuse of Process Remedy
Abuse of Process Remedy
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Air of Reality
Air of Reality
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Alibi
Alibi
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Aider
Aider
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Abettor
Abettor
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Accessory After the Fact
Accessory After the Fact
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Subjective Test
Subjective Test
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Objective Test
Objective Test
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Balance of Probabilities
Balance of Probabilities
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Presumption of Innocence
Presumption of Innocence
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Jurisdiction
Jurisdiction
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Colour of Right
Colour of Right
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Duress
Duress
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Intoxication
Intoxication
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Parties to a crime
Parties to a crime
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Criminal Negligence
Criminal Negligence
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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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