Criminal Law Study Notes - Week 1
42 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the effect of a successful provocation defense in a murder charge?

  • It completely absolves the accused of any guilt.
  • It eliminates the requirement for mens rea.
  • It allows for a plea bargain to avoid trial.
  • It reduces the charge to manslaughter. (correct)

    • Which type of intoxication can potentially serve as a complete defense to criminal responsibility?

  • Extreme intoxication akin to automatism. (correct)
  • Moderate intoxication.
  • Advanced intoxication.
  • Mild intoxication.

    • What must the Crown prove in a murder case even when intoxication or provocation defenses are raised?

  • The accused was in a state of extreme intoxication.
  • The accused had no intention to kill.
  • The charge of murder beyond a reasonable doubt. (correct)
  • The accused had a history of violent behavior.

    • What does the ordinary person test in provocation defense rely on?

    <p>A mix of objective and subjective standards.</p> Signup and view all the answers

    Which of the following statements is true regarding mild drunkenness?

    <p>It has never been accepted in determining the requisite mens rea.</p> Signup and view all the answers

    What is the primary condition for actions to be classified as crimes?

    <p>They must be deemed wrong by the majority.</p> Signup and view all the answers

    Which of the following types of offenses do not have a limitation period?

    <p>Indictable offenses</p> Signup and view all the answers

    Which of the following accurately describes the role of provincial legislation in criminal law?

    <p>It is deemed invalid when it pertains to criminal law.</p> Signup and view all the answers

    Which of the following does NOT constitute a required condition for acts to be considered crimes?

    <p>Acts must have a negligible effect on society.</p> Signup and view all the answers

    Which statement about the sources of criminal law is correct?

    <p>The Constitution can be a source of criminal law.</p> Signup and view all the answers

    What is the purpose of the adversary system used in Canada?

    <p>To present opposing sides fairly with a judge as the fact-finder.</p> Signup and view all the answers

    Which of the following statements about criminal law is true?

    <p>Laws must possess a valid criminal law purpose to be enforceable.</p> Signup and view all the answers

    In the event of an ambiguity in the law, which approach should be taken?

    <p>Consult the other official language version of the Code for clarity.</p> Signup and view all the answers

    What is the primary responsibility of the prosecution in a criminal case?

    <p>To prove the guilt of the accused</p> Signup and view all the answers

    What constitutes 'actus reus'?

    <p>A voluntary act done purposefully</p> Signup and view all the answers

    Which of the following states of mind does NOT constitute a subjective fault in criminal liability?

    <p>Objective fault</p> Signup and view all the answers

    In which scenario would an omission result in liability?

    <p>When there is a legal duty imposed by statute or common law</p> Signup and view all the answers

    In the context of subjective faults, what inference can be drawn from a person's actions?

    <p>Inferences can be made from actions or words.</p> Signup and view all the answers

    Which statement correctly reflects the concept of recklessness?

    <p>It implies a marked departure from reasonable care.</p> Signup and view all the answers

    Which type of possession requires knowledge, consent, and control over the item?

    <p>Joint possession</p> Signup and view all the answers

    What must the prosecution demonstrate beyond a reasonable doubt?

    <p>The guilt of the accused based on evidence</p> Signup and view all the answers

    What role does a reasonable person's perspective play in establishing objective fault?

    <p>It assesses whether the accused should have known the risks.</p> Signup and view all the answers

    Which statement about voluntary conduct in criminal law is correct?

    <p>No act can be criminal unless it is done voluntarily</p> Signup and view all the answers

    Which belief can be a valid defense against criminal liability?

    <p>A reasonably held belief.</p> Signup and view all the answers

    What is included in the definition of constructive possession?

    <p>Knowledge that extends beyond passive knowledge and shows some control</p> Signup and view all the answers

    What does intention generally imply regarding a person's actions?

    <p>They intend the consequences of their actions.</p> Signup and view all the answers

    What happens if there is reasonable doubt about the prosecution's case?

    <p>The accused is entitled to an acquittal</p> Signup and view all the answers

    How should a jurist evaluate a reasonable person's conduct regarding an alleged offense?

    <p>By considering all relevant circumstances of the accused's situation.</p> Signup and view all the answers

    Why is a belief that one's actions were not wrong insufficient as a defense?

    <p>It contradicts the objective standards expected.</p> Signup and view all the answers

    Which of the following is NOT a circumstance under which an omission can result in criminal liability?

    <p>When there is no legal duty to act</p> Signup and view all the answers

    What is a primary characteristic of absolute liability offenses?

    <p>No imprisonment may be imposed.</p> Signup and view all the answers

    What is the role of a trier of fact in relation to subjective faults?

    <p>To draw reasonable inferences based on the accused's actions or words.</p> Signup and view all the answers

    What is required to establish factual causation?

    <p>A contribution of the accused to the result</p> Signup and view all the answers

    Which test is specifically used for first-degree murder concerning legal causation?

    <p>Essential, substantial and integral cause test</p> Signup and view all the answers

    What does the significant contributing cause test apply to?

    <p>All homicides except first-degree murder</p> Signup and view all the answers

    Which analysis recognizes that an intervening act can break the chain of causation?

    <p>Intentional, independent act analysis</p> Signup and view all the answers

    What is a primary inquiry of legal causation?

    <p>If the accused should be held criminally responsible</p> Signup and view all the answers

    Which of the following terms is NOT relevant to the inquiry of factual causation?

    <p>Intentional act by the accused</p> Signup and view all the answers

    Which approach may help assess legal causation depending on the factual matrix?

    <p>Intentional, independent act approach</p> Signup and view all the answers

    Which statement regarding intervening acts is true?

    <p>They must be foreseeable to the accused.</p> Signup and view all the answers

    What is a common misconception regarding legal causation analysis?

    <p>It only considers the actions of the accused.</p> Signup and view all the answers

    Which of the following best describes the purpose of the 'reasonable foreseeability' approach?

    <p>To assess whether the accused could have predicted the outcome</p> Signup and view all the answers

    Study Notes

    CDN Criminal Law Study Notes - Week 1

    • Federal government creates criminal laws, consisting of prohibition, penalty, and public purpose.
    • Crimes involve acts or omissions targeting harm.
    • Four conditions for an act to be a crime:
      • Widely considered wrong;
      • Causes harm;
      • Harm is significant;
      • Punishable by law.
    • Provincial laws, if criminal in nature, are invalid.
    • Provinces control prisons within their jurisdictions.
    • Sentences under two years or awaiting bail hearings handled under Provincial jurisdiction.
    • Canada adopts adversarial system, the judge decides factual disputes between the crown and defence.
    • Crown discloses evidence; defence doesn't have a reciprocal disclosure requirement.
    • Types of offences:
      • Summary: less serious, penalties up to $5,000 and/or 2 years in jail—with a 12-month limitation.
      • Indictable: more serious, penalties ranging from 2 years to life imprisonment; unlimited.
      • Hybrid: can be summary or indictable offences, e.g. assault, breach of release order.

    CDN Criminal Law Study Notes - Week 2

    • Sources of Criminal Law:
      • Common Law (except contempt of court)
      • Legislation (statutes)
      • Constitution
      • Charter
    • Marginari/3Ps Test: Legislation classified as criminal if it has 3 key elements:
      • Valid criminal law purpose
      • Prohibition
      • Penalty

    CDN Criminal Law Study Notes - Week 3

    • Laws can be struck down for being vague, arbitrary, overbroad, or grossly disproportionate.
    • Modern interpretation applies the words in the Act's context and ordinary sense, with harmonious consideration of the Act, its object, and Parliament's intent.
    • If ambiguity persists, examine other official language versions (if available) for clarity.
    • If ambiguity persists even after examining all available versions, resolve ambiguities by balancing with Charter values.
    • Ambiguous laws are subject to strict construction.

    CDN Criminal Law Study Notes - Week 4 & 5

    • Three types of possession:
      • Personal: knowledge, consent, control.
      • Constructive: knowledge that implies some level of control over the item, surpassing mere passive awareness.
      • Joint: knowledge, consent, measured control.
    • Knowledge can be inferred from circumstantial evidence

    CDN Criminal Law Study Notes - Week 7

    • Criminal omissions are acts of failing to act when there is a legal duty to do so.
    • Omissions can constitute actions in certain circumstances.
    • A criminal duty exists when created by statute or common law (at least according to OCA in Thornton).

    CDN Criminal Law Study Notes - Week 8

    • Causation in criminal law requires both a factual and legal connection between actions and results.
    • Factual causation asks "but for" the accused's actions, would the victim have suffered the harm?
    • Legal causation considers whether the accused's actions are the appropriate cause of the result, considering principles like intervening causes.

    CDN Criminal Law Study Notes - Week 9

    • Subjective Fault Categories:
      • Intention: purpose to cause a result
      • Wilful Blindness: deliberately avoiding awareness for a dishonest purpose
      • Recklessness: awareness of the likely consequences of actions
    • A reasonable person would consider the circumstances in relation to objective fault

    CDN Criminal Law Study Notes - Week 10

    • Strict Liability Offences: (include public welfare offences) Crown can demonstrate the violation of the law with "beyond a reasonable doubt" and no consideration to the accused taking reasonable care.
    • Absolute Liability Offences: Crown only needs proof of the accused committing the act, accused can't claim they didn't commit the action. No defense of reasonable care is available for the accused.

    CDN Criminal Law Study Notes - Week 11

    • Provocation: A complete defence to murder by reducing it to manslaughter under very specific circumstances.
    • Intoxication: Intoxication can be a factor in certain circumstances. Mild intoxication doesn't affect mens rea, but if advanced it can. Extreme intoxication can be a complete defence to criminal responsibility.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    CDN Crim Study Guide PDF

    Description

    Explore the foundational concepts of criminal law in Canada with this Week 1 study guide. Understand the conditions that categorize actions as crimes and the distinctions between summary, indictable, and hybrid offences. Learn about the structure of the Canadian criminal justice system and its jurisdictional nuances.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser