Criminal Law

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Questions and Answers

In what way does the law's description of the necessary external circumstance of the offence sometimes require careful judicial analysis?

  • Because it is always vague and controversial
  • Due to the need for proving the act beyond a reasonable doubt
  • When it involves proving the mental state of the offender
  • When it involves a minimal form of an act or is vague (correct)

Which of the following is an example of a situation where the act requirement is difficult and often controversial?

  • Stealing
  • Assault
  • Screaming in a public place (correct)
  • Using insulting or obscene language

In the case of R. v. Lohnes, what was the issue the court was considering?

  • The mental state of the offender
  • The standard of proof required
  • The definition of a public place
  • What constitutes a public disturbance (correct)

What makes shouting, swearing, and singing not criminal offences on their own, according to the court in R. v. Lohnes?

<p>They only become criminal when they cause a disturbance in or near a public place (A)</p> Signup and view all the answers

What is the Act Requirement generally focused on for each criminal offence?

<p>Defining the specific act required for the offence (C)</p> Signup and view all the answers

Why are shouting, swearing, and singing not considered criminal offences on their own, according to the court in R. v. Lohnes?

<p>They only become criminal when they cause a disturbance in or near a public place (B)</p> Signup and view all the answers

What does s. 175(1) (a) make it an offence to do in or near a public place, according to R. v. Lohnes?

<p>Fighting, screaming, shouting, swearing, or singing (A)</p> Signup and view all the answers

Why does the law's description of the necessary external circumstance of the offence sometimes require careful judicial analysis?

<p>When it is vague or involves a minimal form of an act (C)</p> Signup and view all the answers

What was the issue the court was considering in R. v. Lohnes?

<p>What constitutes a public disturbance (B)</p> Signup and view all the answers

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