Zora SCC 14 Crown Mens Rea Quiz

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Questions and Answers

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?

<p>The time limit for the Crown to make a formal election on sentencing (B)</p> Signup and view all the answers

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

<p>To assess potential harm that additional disclosure might bring to the case (A)</p> Signup and view all the answers

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

<p>When they are brought before a justice after being released on bail (D)</p> Signup and view all the answers

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

<p>The accused knowingly or recklessly breached the terms of bail. (D)</p> Signup and view all the answers

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

<p>The accused must have caused the death but did not have to foresee or intend it. (A)</p> Signup and view all the answers

What is the definition of inchoate offences?

<p>An offence that is not fully completed; the mens rea is present but not all the elements of actus reus are present. (B)</p> Signup and view all the answers

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

<p>The appeal was allowed, and new separate trials were ordered. (D)</p> 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?

<p>Doing or omitting to do anything where there is a duty imposed by law. (A)</p> Signup and view all the answers

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

<p>The accused must have been wilfully blind to the fact that they were breaching their bail conditions. (A)</p> 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?

<p>To avoid prejudicial effect of trying two cases together. (C)</p> Signup and view all the answers

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

<p>The court's personal opinion of the accused. (B)</p> Signup and view all the answers

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

<p>The two sexual assaults were not similar enough to qualify as similar fact evidence. (D)</p> Signup and view all the answers

What was L charged with in the same indictment?

<p>Two separate sexual assaults that occurred 1 month apart. (A)</p> Signup and view all the answers

What happened to L after the original trial?

<p>L was convicted of both charges and appealed the decision. (D)</p> Signup and view all the answers

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

<p>As long as they have reasonable grounds to suspect the person is connected to a particular crime (A)</p> Signup and view all the answers

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

<p>When police restrain a person's liberty and the person is not free to go (B)</p> 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?

<p>Section 10(a) of the Charter (D)</p> 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?

<p>Detaining a person in their backyard without a nexus between the accused and a recent crime (A)</p> Signup and view all the answers

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

<p>Section 10(b) of the Charter (A)</p> Signup and view all the answers

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

<p>Section 1 of the Charter (A)</p> Signup and view all the answers

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

<p>To ensure the accused's attendance in court (A)</p> 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?

<p>Secondary Ground: s. 515(10)(b) (B)</p> 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?

<p>Considers four factors set out in s.515(10)(c) (C)</p> Signup and view all the answers

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

<p>All of the above (D)</p> 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?

<p>Reasonable person perspective (D)</p> Signup and view all the answers

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

<p>The criminal history of the accused (D)</p> Signup and view all the answers

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