Zora SCC 14 Crown Mens Rea Quiz

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What is the purpose of the Charge Screening Form provided to the accused at the first court appearance?

To disclose all evidence gathered by the police/Crown

To indicate whether the accused should be released on bail

To specify the Crown's position on sentencing once a trial date has been set

To help determine if the charge(s) fall within a paralegal's scope of practice (correct)

When is the Crown required to make a formal election regarding the charges?

Before disclosure is provided to the accused

At the initial court appearance

After a plea has been entered (correct)

Upon arrest of the accused

What action should a defence paralegal take if they need additional disclosure for a case?

Request it from the client directly

Request it from the police

Request it from the Crown prosecutor (correct)

Request it from the judge during court proceedings

What does the 'Jordan clock is ticking' refer to in the context of court proceedings?

The time limit for the Crown to make a formal election on sentencing Signup and view all the answers

Why is it important for a paralegal to assess how additional disclosure may impact a client's case?

To assess potential harm that additional disclosure might bring to the case Signup and view all the answers

At what stage can an accused be provided with initial disclosure?

When they are brought before a justice after being released on bail Signup and view all the answers

What must the Crown prove to convict someone of breaching bail conditions?

The accused knowingly or recklessly breached the terms of bail. Signup and view all the answers

What is required to be proven in a case of criminal negligence causing death under s. 220 CC?

The accused must have caused the death but did not have to foresee or intend it. Signup and view all the answers

What is the definition of inchoate offences?

An offence that is not fully completed; the mens rea is present but not all the elements of actus reus are present. Signup and view all the answers

According to the case mentioned, what was the outcome of the appeal for L?

The appeal was allowed, and new separate trials were ordered. Signup and view all the answers

What is required to show a 'wanton or reckless disregard for lives/safety of others' under s. 219 CC?

Doing or omitting to do anything where there is a duty imposed by law. Signup and view all the answers

What standard must be met to convict someone of breaching bail conditions?

The accused must have been wilfully blind to the fact that they were breaching their bail conditions. Signup and view all the answers

What is the purpose of severance of accused persons according to section 591(3)b of the Criminal Code?

To avoid prejudicial effect of trying two cases together. Signup and view all the answers

Which of the following is not a factor considered by the court in severance of accused persons?

The court's personal opinion of the accused. Signup and view all the answers

What was the original trial judge's ruling regarding the similarity of the two sexual assault cases?

The two sexual assaults were not similar enough to qualify as similar fact evidence. Signup and view all the answers

What was L charged with in the same indictment?

Two separate sexual assaults that occurred 1 month apart. Signup and view all the answers

What happened to L after the original trial?

L was convicted of both charges and appealed the decision. Signup and view all the answers

Under what circumstances can police detain a person for investigative purposes?

As long as they have reasonable grounds to suspect the person is connected to a particular crime Signup and view all the answers

What is considered a detention in the context of police interaction with citizens?

When police restrain a person's liberty and the person is not free to go Signup and view all the answers

What is the legal provision that entitles an accused/detainee to be informed of the reasons for their arrest or detention?

Section 10(a) of the Charter Signup and view all the answers

What is an example of an arbitrary detention that breaches section 9 of the Charter but may be justified under section 1 of the Charter?

Detaining a person in their backyard without a nexus between the accused and a recent crime Signup and view all the answers

What legal provision guarantees the right to counsel upon arrest or detention?

Section 10(b) of the Charter Signup and view all the answers

What is the legal basis for challenging arbitrary detentions that violate section 9 of the Charter?

Section 1 of the Charter Signup and view all the answers

What is the primary ground for opposing release under s. 515(10)(a)?

To ensure the accused's attendance in court Signup and view all the answers

Which ground is considered when there is a substantial likelihood that the accused will commit a criminal offence if released?

Secondary Ground: s. 515(10)(b) Signup and view all the answers

According to R v St-Cloud SCJ No. 27, what is the scope of s.515(10)(c) for detaining an accused?

Considers four factors set out in s.515(10)(c) Signup and view all the answers

Under which ground is the Crown required to show cause for detaining the accused?

All of the above Signup and view all the answers

What perspective is considered when determining whether detention is required to maintain public confidence in the administration of justice?

Reasonable person perspective Signup and view all the answers

Which of the following is NOT a factor considered under s.515(10)(c)?

The criminal history of the accused Signup and view all the answers