Podcast
Questions and Answers
What is necessary for a person to be acquitted of a strict liability offence?
What is necessary for a person to be acquitted of a strict liability offence?
- Proof of intention to commit the act
- Showing that they were unaware of the law
- Demonstrating diligent efforts to avoid breaking the law (correct)
- Creating doubt about their mental state
Which state of mind involves taking action while being aware of the risks involved?
Which state of mind involves taking action while being aware of the risks involved?
- Strict liability
- Recklessness (correct)
- Intention
- Negligence
What defines negligence in the context of criminal behaviour?
What defines negligence in the context of criminal behaviour?
- Failing to act as a reasonable person would in similar circumstances (correct)
- Demonstrating a blatant disregard for public safety
- Intentionally ignoring the law
- Being fully aware of the consequences of one's actions
In a charge of murder, which condition can lead to a guilty verdict?
In a charge of murder, which condition can lead to a guilty verdict?
How can the Crown Prosecutor prove the accused person's state of mind?
How can the Crown Prosecutor prove the accused person's state of mind?
Which form of negligence can lead to a criminal charge, particularly in driving cases?
Which form of negligence can lead to a criminal charge, particularly in driving cases?
What example illustrates the concept of intention in criminal law?
What example illustrates the concept of intention in criminal law?
Which statement about criminal negligence is correct?
Which statement about criminal negligence is correct?
What must the accused person present to successfully raise a self-defence claim?
What must the accused person present to successfully raise a self-defence claim?
If an accused person acts without a guilty mind, what is the likely outcome?
If an accused person acts without a guilty mind, what is the likely outcome?
Which scenario illustrates voluntary behavior in committing a crime?
Which scenario illustrates voluntary behavior in committing a crime?
What is 'automatism' in a legal context?
What is 'automatism' in a legal context?
What defines 'reasonable force' in a self-defence situation?
What defines 'reasonable force' in a self-defence situation?
An alibi defence is strengthened by what type of evidence?
An alibi defence is strengthened by what type of evidence?
What could classify a person as not acting voluntarily during a crime?
What could classify a person as not acting voluntarily during a crime?
What must the prosecution prove in an assault case for a conviction?
What must the prosecution prove in an assault case for a conviction?
What is the primary limitation of the defence of property?
What is the primary limitation of the defence of property?
Under what circumstances can a person claim duress as a defence?
Under what circumstances can a person claim duress as a defence?
Which situation could provide a defence based on provocation?
Which situation could provide a defence based on provocation?
What is true about the mistake of fact defence?
What is true about the mistake of fact defence?
Which of the following statements is accurate regarding mistake of law?
Which of the following statements is accurate regarding mistake of law?
What must an accused person demonstrate to claim they were not criminally responsible due to a mental disorder?
What must an accused person demonstrate to claim they were not criminally responsible due to a mental disorder?
Which of the following is NOT one of the choices a judge has when an accused is found not criminally responsible?
Which of the following is NOT one of the choices a judge has when an accused is found not criminally responsible?
Which defence can reduce a murder charge to manslaughter?
Which defence can reduce a murder charge to manslaughter?
Under which condition can intoxication potentially serve as a defence in criminal law?
Under which condition can intoxication potentially serve as a defence in criminal law?
In which of the following scenarios is the defence of mistake of fact likely to apply?
In which of the following scenarios is the defence of mistake of fact likely to apply?
What does the term 'officially induced error' refer to?
What does the term 'officially induced error' refer to?
What does the defence of necessity allow a person to do?
What does the defence of necessity allow a person to do?
If a judge orders a psychiatric evaluation, what is one potential reason for the assessment?
If a judge orders a psychiatric evaluation, what is one potential reason for the assessment?
What is the maximum duration a judge can order someone to be kept in a psychiatric hospital without further evaluation?
What is the maximum duration a judge can order someone to be kept in a psychiatric hospital without further evaluation?
What must be shown by an accused to successfully claim necessity as a defence?
What must be shown by an accused to successfully claim necessity as a defence?
Which statement correctly describes the relationship between intoxication and intent in criminal law?
Which statement correctly describes the relationship between intoxication and intent in criminal law?
What is the maximum punishment for summary conviction offences?
What is the maximum punishment for summary conviction offences?
Which of the following is classified as a summary conviction offence?
Which of the following is classified as a summary conviction offence?
What distinguishes dual or hybrid offences from summary conviction offences?
What distinguishes dual or hybrid offences from summary conviction offences?
In a summary conviction case, who can appear in court on behalf of the charged person?
In a summary conviction case, who can appear in court on behalf of the charged person?
What is the limitation period for bringing charges on summary conviction offences?
What is the limitation period for bringing charges on summary conviction offences?
Which feature does NOT apply to summary conviction offences?
Which feature does NOT apply to summary conviction offences?
What characterizes indictable offences compared to summary conviction offences?
What characterizes indictable offences compared to summary conviction offences?
What is a characteristic feature of summary conviction offences?
What is a characteristic feature of summary conviction offences?
Flashcards are hidden until you start studying
Study Notes
Strict Liability Offences
- Accused person can be acquitted if they showed diligent efforts to avoid breaking the law.
Mens Rea (Criminal State of Mind)
- Intention: Accused person meant to do what they did. Shoplifting is theft and a person taking something from a store without paying commits theft, but a preoccupied shopper who forgets to pay is not guilty.
- Recklessness: Person realizes there's a certain risk involved but commits the act anyway. Example: Murder.
- Negligence: Failing to act like a responsible person in the same circumstances. A person who is negligent does not look ahead to the consequences and can be considered culpable even if they didn't think about the result.
Proving Mens Rea
- Crown Prosecutor must prove the criminal act occurred, and proof of statements or actions showing what the person was thinking.
Classification of Criminal Code Offences
- Summary Conviction Offences: These are less serious offences, heard in Provincial Court, no jury trial, maximum punishment: $5,000 fine and/or up to 6 months in jail.
- Some examples include: creating a disturbance, joyriding, and committing an indecent act in public.
- Indictable Offences: More serious crimes, different procedures depending on severity.
- Some are tried by a judge and some by a jury.
- Dual or Hybrid Offences: Can be treated as summary conviction or indictable offences.
Defences
- No Criminal State of Mind: No guilty mind when committing the crime, example accidental damage to a neighbor's lawn ornament.
- Behaviour Not Voluntary: Actions are not truly voluntary, for example, sleepwalking or an epileptic seizure; this is considered automatism.
- Alibi: Accused person was not present at the time of the offence, independent evidence strengthens this defense.
- Self-Defence: using reasonable force to resist an attack.
- Defence of Property: using reasonable force to prevent someone from entering a home or property.
- Duress: Committing an offence due to a threat of immediate death or serious injury, not a defence for violent crimes.
- Provocation: Something causes a person to lose their self-control, can reduce a murder charge to manslaughter.
- Mistake of Fact: A person whose behaviour would otherwise be criminal can have a defense if they made a mistake about the facts, for example, taking the wrong bike.
- Mistake of Law: Ignorance of the law is no excuse, but officially induced error, being misled by a government official, can be a defence.
- Mental Disorders The person didn’t understand the nature and quality of their actions or that they were wrong.
- Necessity: Illegal act committed to prevent a more serious result, no alternative, and minimal force used.
- Intoxication: Usually no excuse, but may be a defence for specific intent offences when the accused was unable to form the intent to kill.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
