Criminal Code Offences
This is the only common law offence in Canada
What is contempt of court
You can be charged with this offence if you try to, but don’t actually, commit a crime
What is attempt
This is an example of a partial defence which would reduce a charge of murder to manslaughter.
What is provocation
These are the 3 common law requirements to search a suspect after arrest without a warrant
What is a) the search is reasonably necessary for safety reasons, b) the search is logically related to the arrest and the offence believed to have been committed, and c) the evidence that might be collected is at risk of being lost if the search is not done immediately
Public peace and order, public safety, public health and morality are instances of this type of purpose in the definition of what makes a criminal law.
What is a criminal law or public purpose
This type of homicide can have the partial defence of provocation
What is voluntary manslaughter
This inchoate offence requires multiple people planning a crime
What is conspiracy
These are the two categories of mental disorder defence which we covered with the mens rea defences/excuses.
What are “unfit to stand trial” and “not criminally responsible”
A random/traffic safety detention must be __________ and __________
What is random and for traffic safety
This is the “guilty mind” element of a criminal offence which can be intentional or reckless, and the voluntary action element of a criminal offence, both of which need to be proven in criminal offences.
What are mens rea and actus reus
This offence against property requires trespassing in addition to the intention of committing another crime
What is break and enter
Can you be charged for counselling someone else about a crime that they don’t commit?
Yes
Self-induced intoxication may be available as a defence to a _______intent offence but is never available as a defence to a ______ intent offence.
What are specific intent offence and general intent offence
What are the three main sentencing principles that were discussed in class?
What are denunciation, deterrence and rehabilitation
This category of criminal offence could proceed to trial as a summary conviction offence or an indictable offence, depending on the determination of the Crown.
What is a hybrid offence
This type of offence against the person involves the application of force without consent
What is assault
This offence is when the accused can be held responsible for an offence committed by the principal offender that occurred in the commission of a different offence.
What is common intention/common unlawful purpose
This defence is found in statute and in common law, with the statutory defence available to the principal offender and the common law defence may also be available to participating offenders
What is duress
These are the 3 rights that a suspect has under section 10 of the Charter upon being arrested or detained
a) To be informed promptly of the reasons therefor; b) To retain and instruct counsel without delay and to be informed of that right; and c) To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful
This type of offence is regulatory offence has the possibility of defence based on mistake of fact/due diligence/reasonable care.
What is a strict liability offence
How do we decide when a murder is a second degree murder
When it is not a first degree murder
This participation offence is when you provide aid to a principal offender after the offence.
What is accessory after the fact
This defence allows for greater use of force to defend persons than to defend property
What is self-defence
This type of sentence would involve serving a prison sentence in the community.
What is conditional imprisonment
This category of criminal offence is punishable by a maximum prison sentence of 2 years less a day or a maximum fine of $2,000.00
What is a summary conviction offence