Quiz
CRIMW4
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Perguntas do quiz (27)
1Sexual assault is not a hybrid offence
- AVerdadeiro
- BFalso
2Consent only appears in the actus reus of a sexual assauly offence, and not the mens rea
- AVerdadeiro
- BFalso
3Include all of the elements for the actus reus of sexual assault from Ewanchuk
- ATouching
- BImplied consent
- CAbsence of consent
- DSexual nature of the contact
- ESuggestive nature
4According to Ewanchuk the actus reus elements of sexual offence, touching and the sexual nature of the contact are 1) [blank_start]____________[blank_end], while absence of consent is 2)______________
- A1) objective, 2) objective
- B1) subjective, 2) subjective
- C1) objective, 2) subjective
- D1) subjective, 2) objective
5What are the elements of the mens rea for sexual assault offences according to Ewanchuk
- A1) Intention to touch 2) Knowing of, or being reckless of or willfully blind to, a lack of consent on the part of the person being touched
- B1) Intention to touch 2) Knowing of a lack of consent on the person being touched
6According to Ewanchuk:
1) Which defence can challenge the Crown's evidence of a sexual assault?
2) Who raises it?
3) Which element does it challenge the mens rea or actus reus?- A1) Honest but mistaken belief
2) Accused
3) Mens rea - B1) Honest but mistaken belief
2) Judge
3) Mens rea - C1) Honest but mistaken belief
2) Accused
3) Actus reus - DNone of the above
- A1) Honest but mistaken belief
7According to Ewanchuk, the defence of honest and mistaken belief imposes a burden of proof on the accused
- AVerdadeiro
- BFalso
8According to Ewanchuk, consent is an integral component to the Mens rea of a sexual assault, but it is considered from the point of view of the accused
- AVerdadeiro
- BFalso
9Fill in the blanks with the correct words:
According to Ewanchuk, conviction of sexual assault requires proof 1)______________, of the actus reus 2) _______________ and the mens rea 3) _________- A1) On a balance of probabilities
- B1) Beyond a reasonable doubt
- C2) Unwanted touching
- D2) Unwanted sexual touching
- E3) Intention to touch, knowing or, or being reckless of or willfully blind to, a lack of consent from the person being touched
- F3) Intention to touch, knowing a lack of consent from the person being touched
10According to Ewanchuk, it is sufficient for the Crown to prove that the accused's actions were voluntary:
The Crown does not need to prove the accused had any actus reus to the sexual nature- AVerdadeiro
- BFalso
11According to Ewanchuk, what happens when the court believes the complainant did not consent?
- ACrown must continue to prove consent
- BCrown discharges its obligation to prove the absence of consent
12According to Ewanchuk, the accused cannot claim that the complainant's words and actions, before and during the incident raise a reasonable doubt against her assertion that she did not want the sexual touching to take place
- AVerdadeiro
- BFalso
13According to Ewanchuk, "consent" means different things for actus reus and mens rea
- AVerdadeiro
- BFalso
14Accord to R v Chase, the test to be applied to determine whether the conduct has the requisite sexual nature is:
- ASubjective
- BObjective
15According to R v Chase, the view of sexual assault is one requiring:
- ASpecific intent
- BGeneral Intent
- CBoth
16According to R v JA, advanced consent = consent
- AVerdadeiro
- BFalso
17Accord to R v JA, trivial acts like kissing your wife at night require ongoing and conscious consent
- AVerdadeiro
- BFalso
18According to R v JA, the complainant needs to communicate lack of consent or revocation of consent for actus reus to be satisfied
- AVerdadeiro
- BFalso
19According to R v Mabior, transmission of HIV is negated in terms of failure to disclose, and it will not constitute fraud vitating consent
- ANo
- BYes
- CYes, but two circumstances must be met
20Include all of the relevant circumstances outlined in R v Mabior that may amount to fraud for failure to disclose
- AComplainant would not have consented had they known
- BThere was consent
- CSexual contact poses a significant risk
- DThere was no consent as a result
- ESexual contact causes serious bodily harm
- FThe accused ejaculated inside of the complainant
- GThe complainant became pregnant
21According to R v Mabior, to obtain a conviction uder ss. 265(3)(c) and 273, the 1) _____________ must show 2)__________________ that the complainant's 3)_____________ was vitiated by the accused's fraud as to their HIV status
- A1) The accused
- B1) The Judge
- C1) The complainant
- D1) The Crown
- E2) Beyond a reasonable doubt
- F2) On a balance of probabilities
- G3) Consent
- H3) Mens rea
- I3) Actus reus
22The mens rea of sexual assault needs to be proven beyond a reasonable doubt
- AVerdadeiro
- BFalso
23According to Papajohn v the Queen, honest but mistaken belief is a defence that prevents an accused from having the ____________
- AActus reus
- BMens rea
24According to Papajohn v the Queen, mistake of fact is seen as an affirmation of a positive defence rather than a negation of guilty intention
- AVerdadeiro
- BFalso
25According to Papajohn v the Queen, with regards to the defence of honest but mistaken belief, the mind with which the jury is concerned about is that of the accused, not of a reasonable man
- AVerdadeiro
- BFalso
26According to Sansregret v the Queen, the defence of mistake is still available to the accused even after the trier of fact finds wilful blindness and the actus reus is established
- AVerdadeiro
- BFalso
27According to Sansregret v the Queen, which definition describes wilful blindness?
- AYou see the harm and do it anyways
- BYou see a further need for inquiry but do not make it because you do not want to know the truth
- CBoth of these answers are correct
- DNone of these answers are correct
Informações
- Descrição
- Quiz sobre CRIMW4, criado por Jules Dapula em 07-04-2019.
- Autor
- Jules Dapula
- Idioma
- English
- Visualizações
- 4
- Histórico
- Criado em 7 abr 2019 · atualizado em 8 abr 2019
- Avaliação
- Ainda sem avaliações Avalie este quiz