5247324
Description
Flashcards by chantal Seguin, updated more than 1 year ago
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Created by chantal Seguin
almost 8 years ago
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| Question | Answer |
| explain summary offence? | Summary conviction offences are the most minor offences in the Criminal Code. Examples are "disturbances" and "harassment" without the right to a jury trial and/or indictment |
| explain indictable offences? | an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury Murder and treason are examples of crimes committed in Canada which would be indictable offences. |
| explain hybrid offences | Hybrid offences include impaired driving, assault and theft under $5,000. Hybrid offences are considered indictable until the Crown makes its election. As fingerprinting occurs before the Crown selects the mode of prosecution, you will be fingerprinted for a hybrid offence even if it is prosecuted summarily. |
| When can a police officer make arrest without a warrant | Subsection 494(1)(a) provides that a person is authorized to arrest without warrant a person he or she finds committing an indictable offence. Subsection 494(1)(b), meanwhile, provides that a person is authorized to arrest without warrant a person who, on reasonable grounds, he or she believes has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person |
| what is Actus Reas | physical act of the crime |
| What is Mens Rea | the mental intent to do the crime |
| Give example where consent may not be a defence | bob was pressured to sell his home to pay for his mothers care...she was placed in a home and he was told his sister would no longer pay their mothers bills if he did not sell. -Duress - unconscionability -mental issues |
| A prosecutor would like a conviction for attempted murder but is concerned that the evidence does not warrant it however, she would settle for a conviction for assault causing bodily harm. What should she do? (duplicity, joinder) | 589 No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless (a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or (b) the accused signifies consent to the joinder of the counts. |
| What is meant by annotated criminal code? | previous years publications renewed with further elaboration |
| What must be established on behalf of the accused if they are to be found not criminally responsible? | 16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. |
| What is a summary procedure? | refers to an immediate process, issuing and taking effect without intermediate applications or delays |
| What is an indictable procedure? | An offence which the government can opt to cause trial by a more formal process than by summary process. |
| what is the difference between criminal law and non criminal law? | Criminal law deals with acts that violate the Criminal Code and other federal statutes. Civil law deals with disputes between private parties. |
| the purpose and principles of sentencing are? | (a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (b) to deter the offender and other persons from committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community. |
| What is a pre-sentencing report? | A report filed with the court prior to sentencing covering the offender's personal and family history and present environment. |
| what is a peace bond? | is an order from a criminal court that requires a person to keep the peace and be on good behavior for a period of time |
| how to cite CCC | Criminal Code, RSC 1985, c C-46 |
| section 27 of the criminal code | the allowance of persons to use necessary force to prevent an offence |
| what is bail? | the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court |
| what is interim release? | Pre-trial release of an individual accused of a crime |
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