Canada Criminal Code Questions Law 12

Knowingly refusing to learn or acknowledge a fact when there are circumstances that strongly suggest the truth:

1. Recklessness

2. Procuring

3. Systematic blindness

4. Willful blindness

4. Willful blindness

A person’s conscious purpose or decision to perform a particular act or cause a particular result

1. Negligence

2. Mens Rea

3. Intent

4. Criminal purpose

3. Intent

Define Mens Rea

The guilty mind of mental element required for a criminal offence where things like intent, knowledge of the crime and recklessness must be proven

A person who assists another person in committing a criminal offence, but who may not be the principal offender.

Accessory

What is accessory after the fact?

When a person assists a criminal in helping them escape or evade capture from law enforcement after a crime was committed

Ahmed enters a store and robs the cashier. Sebastian waits outside in a getaway car, knowing Ahmed is robbing the store. Sebastian commits:

1. Accessory to a crime

2. Aiding a crime

3. Abetting a crime

1. Accessory to a crime

Max enters a bank and robs it using a weapon that Morgan gave to him. Morgan does not enter the bank. This is considered:

1. Abetting a crime

2. Accessory to a crime

3. Aiding a crime

3. Aiding a crime

Tavin plans to rob a convenience store after his girlfriend Siena consistently urged him to and encouraged him to rob it. She is considered:

1. Accessory to a crime

2. Abetting a crime

3. Aiding a crime

2. Abetting a crime

A state of acting out of disregard for one’s actions and the consequences that follow

1. Recklessness

2. Colour of Right

3. Willful Blindness

4. Mens Rea

1. Recklessness

A person’s awareness or understanding of facts or circonstances relevant to an offence:

1. Knowledge

2. Criminal knowledge

3. Consent

4. Criminal purpose

1. Knowledge

An offence that is generally treated as more serious and proceeds by indictment:

1. Summary

2. Indictable

3. Hybrid

4. Mixed

2. Indictable

What do Indictable crimes include?

Serious crimes, serious penalties. Max penalties included 25 to life. Examples include murder, aggravated assault, sexual assault

Define hybrid offences

An offence that can be prosecuted either by indictment or by summary conviction, depending on the circumstances.

To assist or encourage another person in committing a criminal offence:

1. Aiding

2. Accessory

3. Abetting

4. Assisting

3. Abetting

Helping another person to carry out a criminal offcence

Aiding

A failure to excercise the level of care that a reasonable person would have excercised in the circumstances:

1. Willful blindness

2. Recklessness

3. Negligence

4. Soliciting

3. Negligence

Define conspiracy

An agreement between two or more people to commit an unlawful act

Now define conspirator

a person who participates with others in an agreement to commit a crime

The people who participate in or are involved in the commission of an offence:

1. Conspirators

2. Criminals

3. Suspects

4. Parties

4. Parties

The physical act, omission, or conduct that constitutes the external element of a criminal offence.

Actus Reus

Remember: Actus Reus refers to a wrongful deed/ the physical part of a crime

Mens Rea refers to the guilty mind behind it, either including intent/knowledge of recklessness.

For the following questions, examples of crimes will be presented and you must identity the Actus Reus and Mens Rea in each one

YOU GOT THIS YAY U!!!

Alex is angry at Jordan and deliberately punches him in the face, breaking his nose

Actus Reus: Punching Jordan in the face and breaking his nose

Mens Rea: Intentionally punching Jordan - cussing harm

Thenuli takes a bicycle from outside a store, knowing it belongs to someone else and intends to keep it

Actus Reus: Taking and stealing the bicycle

Mens Rea: Knowing it belongs to someone else and intending to keep it

Thenuli drives whilst extremely intoxicated and causes a collision, despite knowing they are too impaired to drive safely (no hate I love u girl)

Actus Reus: Driving impaired and causing a collision

Mens Rea: Recklessly driving despite being intoxicated.

The reason or underlying purpose for which a person commits an act

1. Intent

2. Motive

3. Reason

4. Opportunity

3. Motive

Define criminalize

to make an act, activity, or a behaviour illegal under the law.

The less serious court procedure in which an offence is prosecuted by summary conviction:

1. Indictable

2. Summary

3. Hybrid

4. Criminal

2. Summary

What do summary offences include?

Minor criminal offences with maximum penalties being 6 months incarceration, sometimes with $2000 fines

Define manslaughter

The unlawful killing of a human being WITHOUT the intent of motive required for a murder conviction

The unlawful and unjustified killing of a human being by another person - committed with criminal intent:

1. Murder

2. Manslaughter

3. Homicide

4. Fratricide

1. Murder

Define culpable

Deserving blame or being responsible for something wrong, harmful, or illegal.

Define assault

A violent attack, or an attempt/threat to cause physical harm to another

Define consent

Consent is the voluntary, informed, and conscious agreement or permission to allow something to happen or to engage in a specific activity.

The temporary condition of having physical/mental control diminished by alcohol, drugs, or other toxic substances.

Intoxication

What is the Rape Shield?

A law limiting a defendant’s ability to cross examine sexual assault complainants about their past sexual behaviour or past sexual history

Define Age of Consent

The age of which somebody is considered capable of making an informed, valid choice to agree to sexual activity.

Capturing and carrying of a somebody by force and against their will.

Abduction

Define Robbery

Illegally taking somebody’s property without permission - involving violence or the threat of violence using a weapon.

Arson

1. Intentionally or recklessly damaging property via fire

2. Stealing property belonging to another person

3. Intentionally causing physical harm to another person

4. Entering a building without permission

1. Intentionally or recklessly damaging property via fire

Identity theft:

1. Physically stealing someone’s belongings

2. Breaking into somebody’s house to steal their documents

3. Threatening someone to obtain money or property

4. Using another person’s identity or personal info with their consent for fraudulent purposes.

4. Using another person’s identity or personal info with their consent for fraudulent purposes.

Homicide:

1. Intentionally causing serious physical injuries to another person

2. The killing of one person by another person

3. Taking someone’s property without their consent

4. Threatening someone with physical violence

2. The killing of one person by another person

Euthanasia:

1. Refusing medical treatment for a serious illness

2. Killing another person during an act of self defence

3. Intentionally ending a person’s life to relive suffering

4. Accidentally causing someone’s death through negligence

3. Intentionally ending a person’s life to relive suffering

Property crimes:

1. Crimes involving theft, destruction, or damage to property

2. Crimes involving physical harm or threats against another person

3. Crimes involving illegal possession of drugs

4. Crimes involving the misuse of government authority

1. Crimes involving theft, destruction, or damage to property

What is the Criminal Code?

A Federal Canadian law that defines criminal offences and establishes their punishments.

Prohibited:

1. Something that is legally required

2. Something that is forbidden or not permitted by law

3. Something that is encouraged by the government

4. Something that is allowed under certain circumstances

2. Something that is forbidden or not permitted by law

Using that definition. Assault and military type weapons for use by the public are considered:

1. Unrestricted firearms

2. Restricted firearms

3. Prohibited firearms

3. Prohibited firearms

Restricted:

1. Something that is completely forbidden under all circumstances

2. Something that is freely available to everyone

3. Something that is limited or controlled by specific rules or conditions

4. Somethint that is legally required for everyone

3. Something that is limited or controlled by specific rules or conditions

Using that definition. Handguns and sawed off shotguns are considered;

1. Unrestricted firearms

2. Restricted firearms

3. Prohibited firearms

2. Restricted firearms

Define non restricted

Something that is not limited or controlled by special legal rules or restrictions

Using that definition; rifles and shotguns used for hunting or shooting range purposes are considered:

Non restricted firearms

Community standards:

1. Laws that apply only to government officials

2. The accepted values and expectations of behaviour within a community

3. Rules that determine criminal punishments in court

4. International agreements between different nations

2. The accepted values and expectations of behaviour within a community

Define colour of right

The appearance of legal authority when someone commits an illegal act by pretending to have lawful permission or authority

Perpetrator:

1. A person who witnesses a crime but does not participate

2. A person who investigates criminal offences

3. A person who commits or carries out a crime

4. A person who aids in a crime

3. A person who commits or carries out a crime

What is the jury?

A group of citizens selected to hear evidence in a trial and decide whether the accused is guilty or not guilty

Who is the judge?

The legal official who oversees court proceedings, ensures the law is followed, and makes legal decisions and rulings

Attempt:

1. Successfully commuting a criminal offence

2. Planning a crime without taking any action

3. Taking steps to commit a crime but failing to complete it

4. Helping someone after they have committed a crime

3. Taking steps to commit a crime but failing to complete it

Soliciting:

1. Helping someone escape after committing a crime

2. Asking or encouraging someone to commit a criminal offence

3. Physically forcing someone to commit a crime

4. Witnessing a crime without reporting it

2. Asking or encouraging someone to commit a criminal offence

Define soliciting in relation to sexual services

Offering or requesting sexual services in exchange for payment

Define procuring

Obtaining, arranging, or providing something, often referring to arranging or facilitating illegal sexual services

Define procuring in relation to sexual services

Recurring, arranging, or obtaining someone to provide sexual services

Which court is the highest in Canada?

1. Provincial Court

2. Supreme Court of Canada

3. Provincial Supreme Court

4. Provincial Supreme Court of Appeals

2. Supreme Court of Canada (highest court and final court of appeals)

What is the main role of the Provincial Supreme Court of Appeals

1. Reviewing decisions made by lower courts

2. Creating new criminal laws

3. Conducting most criminal trials

4. Investigating criminal offences

1. Reviewing decisions made by lower courts ( appellate courts review discussions for legal and other appralable errors)

Which court generally handles less serious criminal offences and many preliminary criminal matters?

1. Provincial Superior Court of Appeals

2. Provincial Court

3. Supreme Court of Canada

4. Provincial Supreme Court

2. Provincial Court (handles the most criminal cases at a trial level)

A person wants to appeal a decision made by the Provincial Supreme Court. Which court would they generally appeal?

1. Supreme Court of Canada

2. Provincial Court

3. Provincial Supreme Court of Appeals

4. Provincial Supreme Court

3. Provincial Supreme Court of Appeals

Which court generally hears the most serious criminal trials like murders?

1. Provincial Superior Court

2. Provincial Court

3. Supreme Court of Canada

4. Provincial Supreme Court of Appeals

1. Provincial Superior Court (hears on most serious indictable offences like murder or aggravated assault)

Which TWO statements about the Supreme Court of Canada are correct? Select two.

1. It hears appeals involving important legal issues

2. It is Canada’s highest court

3. It is the highest court in BC only

4. It conducts the most criminal trials

1 and 2

The British Columbia Supreme Court of Appeals is the highest court within BC

1. True

2. False

1. True (is BC’s highest appellate court, discluding Canada’s Supreme Court which acts on a national basis)

The Provincial Court can conduct murder trials

1. True

2. False

2. False (murder trials are heard in Provincial Superior Courts and above)

A person is charged with a serious indictable offence and chooses a trial by judge and jury. Which court generally conducts this trial in BC?

1. Provincial Court

2. Provincial Superior Court

3. Provincial Superior Court of Appeals

4. Supreme Court of Appeal

2. Provincial Superior Court (conducts jury trials for eligible serious offences)

Arraignments, summary offences, bail hearings, preliminary hearings and lower level indictable offences are all heard in:

Provincial Courts

It is an offence to operate a “blank” in a dangerous way to the public

1. Motorized Vehicle

2. Self moving automobile

3. Car

4. Transport

1. Motorized Vehicle

A driver is weaving between lanes at high speeds, nearly causing several collisions. This is considered:

1. Impaired Driving

2. Failure to Stop

3. Dangerous operation of a motor vehicle

3. Dangerous operation of a MV

A driver hits a parked car, notices the damage, and drives away without stopping or providing their info. This is considered:

1. Failure to Stop

2. Dangerous Operation

3. Impaired Driving

1. Failure to Stop

A driver consumed alcohol and drives home. This is considered:

1. Failure to Stop

2. Impaired Driving

3. Dangerous Operation

2. Impaired Driving

Explain what “care and control” of a motorized vehicle means

“Care and control” of a motor vehicle is alegal concept that refers to having the abilityto operate or set avehicle in motion, evenif you are not actually driving it.

Failure to stop means:

When a driver fails to bring their motor vehicle to a stop when legally required to do so.

When are blood samples taken during roadside checks?

When the driver is unable to use a breathalyzer. Can be unconscious, injured, medical complications, or just hella impaired.

Police in Canada can conduct random roadside sobriety spot checks:

1. True

2. False

1. True

Police must have reasonable suspicion that a driver is impaired before stopping them at a sobriety checkpoint:

1. True

2. False

2. False

A driver can refuse every police request at a spot check without consequence;

1. True

2. False

2. False

Police can require a driver to provide a roadside breath sample without first suspecting alcohol impairment if the legal requirements for an immediate demand are met:

1. True

2. False

1. True

Good luck for the test!!!! You’re going to ace itttt

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