Criminal Code Test Review

1. Criminal Code Test Review Law 120 Mr. Denton Harrison Trimble High School 2008

2. 1. Name the three types of homicide and briefly explain each. • Murder – deliberate killing of individual • Manslaughter – causing death of individual through reckless actions • Infanticide – death of a newborn caused by mother as a result of a mental imbalance

3. 2. What conditions qualify murder as first-degree? • murder is planned and deliberate • murder for hire • victim is a law enforcement agent or their spouses, ex. police officer/ prison guard • death occurs while committing another crime. Ex. hijacking, sexual assault, threats or causing bodily harm to a third party, kidnapping

4. 3. What is the difference in penalties between 1st and 2nd degree murder? • Both carry maximum sentence of life • eligibility for parole is only available to 2nd degree murder after minimum of 10 years in jail.

5. 4. When would a charge of infanticide be laid and what is the maximum sentence? • Mother of a newborn (within 12 months of birth) kills her child and mental imbalance is proven by defence. • Maximum Sentence is 5 years.

6. 5. What is the mens rea of manslaughter? • Recklessness of the action determined by reasonable person test.

7. 6. Identify and briefly explain the two defences that can reduce a murder charge of manslaughter. • Provocation – time frame/heat of the moment/reasonable given circumstances • Intoxication – The Crown must prove killing/necessary intent (specific) If Crown can’t prove specific intent, manslaughter (general intent) only option

8. 7. Identify and explain the 3 levels of assault including penalties. • Assault – minor infraction with no lasting damage - hybrid offence - max penalty 5 years • Assault with a weapon/causing bodily harm – injury more serious consequences for victim or with a weapon – hybrid offence – max penalty 10 years. • Aggravated Assault – serious life-threatening injuries – indictable offence – max penalty 14 years

9. 8. Identify and explain the 3 levels of sexual assault including penalties. • Sexual Assault – minor infraction with no lasting damage - hybrid offence - max penalty 10 years • Sexual Assault with a weapon/causing bodily harm/threats to third party – injury more serious consequences for victim/third party or with a weapon – indictable offence – max penalty 14 years. • Sexual Aggravated Assault – serious life-threatening injuries – indictable offence – max penalty life in prison

10. 9. Discuss the legal issues surrounding the issue of euthanasia. • Euthanasia - mercy killing or one person acting to end the life of another. • different levels of consent for euthanasia - voluntary and involuntary euthanasia. • Voluntary euthanasia - when a patient expresses the wish to die either in writing or verbally. • Involuntary euthanasia - if individual is unable to make his/her wishes known or does not want to die despite his/her condition. • Assisted suicide, voluntary and involuntary suicides - homicide under the Criminal Code. • cases involving elderly, disabled spouses are often dealt with compassionately by the courts. • patients are allowed to refuse treatment if of sound mind. Problem is if the patient not of sound mind. • Signing care directives. Without a care directive, legal guardians/physicians make the decisions • right to die, medical profession dilemma, living wills, standards for new law

11. 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them. • Dangerous Operation of a Motor Vehicle • Crown must prove safety/lives of others endangered because driver failed to exercise same care as a prudent driver under same conditions. • Dangerous operation - hybrid offence - max penalty 5 years. • Dangerous operation causing bodily harm - indictable offence –max penalty 10 years. • Dangerous operation causing death – indictable offence – max penalty 14 years

12. 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them.(Continued) 2. Failure to Stop at the Scene of an Accident • anyone involved in motor vehicle accident and does not stop, offer assistance, and give his or her name and address presumed to show intent to escape civil/criminal liability. • Commonly known as ‘hit and run’ • hybrid offence - max penalty 5 years. • causing bodily injury is 10 years. • causing death, maximum of life in prison.

13. 10. Identify the 3 motor vehicle offences listed in the Criminal Code and explain any one of them. (Continued) 3. Impaired Driving • proof that a driver is impaired, either by drugs or alcohol, can come from a number of sources (erratic driving, slurred speech, or inability to walk a straight line, or the smell of alcohol on his/her breath). • Another source of proof breath/blood (amount of alcohol in bloodstream). Amount of alcohol in the bloodstream exceeds 80 mg in 100 ml of blood. • If the police have reasonable/probable grounds to believe that impaired person is/has been operating a motor vehicle within the last three hours, can demand Breathalyzer test. If individual cannot take the test because of an existing medical problem may give a blood sample taken by a qualified medical practitioner • Operating a motor vehicle while impaired/refusing to provide a breath/blood sample hybrid offences. • severity of the punishment increases for subsequent offences. • Impaired driving causing bodily harm - indictable offence - maximum penalty 10 years. • If an impaired driver kills someone, the maximum penalty is life in prison.

14. 11. What is the difference between theft and robbery? • Both involve the taking of property that does not belong to the individual but robbery involves the use of force and violence.

15. 12. How does the colour of right influence theft cases? • determines any claim of ownership for item/items in question in theft cases. • Those without any reasonable colour of right who take items will be charged and likely found guilty of theft.

16. 13. How is sentencing determined in theft cases? • theft under $5000 penalty – hybrid offence max 2 years • theft over $5000 penalty – max 10 years

17. 14. What element of intent must be proven in break and enter cases? • Specific Intent – person stealing intended to do further wrong • person must not have any colour of right (legal claim) to the item(s) • accused must intend to deprive owner of item and convert to his/her own use

18. 15. What are the two things that most commonly disrupted in mischief cases? • Property • data

19. 16. What must be proven in order for the Crown to successfully try a fraud case? • the accused deliberately and purposely deceived someone in order to cause the loss of property, money or service

20. 17. Name the two summary conviction and two indictable offences related to prostitution. • Summary Conviction Offences • Soliciting • keeping a common bawdy house • Indictable Offences • Procuring • Living off the avails of prostitution

21. 18. Identify and explain the 3 types of disorderly houses. • Common bawdy house – prostitution • Common betting house – keeper of house keeps portion of all winning bets made • Common gaming house – keeper of the house keeps a portion of the winnings from all games.

22. 19. According to the Criminal Code, what are the 3 qualifying points for possession of illegal drugs? • person in possession must know what the item is and have some measure of control over it. • Person may be found in possession even if he/she gave the item in question to another person. • Person can be charged with possession even if he/she does not own the controlled substance or have it in his/her possession, as long as the person knows about it and consents to its possession by someone else. (implied consent/express consent)

23. 20. In order to gain a conviction for money laundering, what must the Crown prove? • Actus Reus – any use, transfer, possession of, sending/delivering, transporting, transmitting, altering, disposing of, or otherwise dealing with any proceeds of crime • Mens Rea – divided into 2 parts • intention – to conceal/convert illegally obtained money/property • knowledge – that all/part of money was illegally obtained. • Subject Matter of the offence – existence of money/property obtained by committing a criminal offence, participating in a conspiracy or attempt to commit an offence, counseling or being an accessory after the fact or committing any act or omission related to an offence.