Question 1

What is the minimum number of people who can be charged with conspiracy in Canada?

Accepted Answer

In Canada, a minimum of two people are required to be charged with conspiracy. Under section 465(1) of the Criminal Code of Canada, a conspiracy is an agreement between two or more people to commit an unlawful act or to commit a lawful act in an unlawful manner. Therefore, at least two people must have reached an agreement to be charged with conspiracy.

Question 2

Ben sold an undercover police officer heroin.Ben told the police he truly believed it was not heroin but only milk sugar.It turned out to be heroin,but Ben was found not guilty.What defence would he have used?

Accepted Answer

Ben would have used the defence of mistake of fact, as he genuinely believed that he was selling milk sugar and not heroin to the police officer.

Question 3

Which of the following terms best represents an accused deliberately intending to bring about some social harm that is prohibited by law?

Accepted Answer

Subjective mens rea refers to the accused's personal mental state and intention to commit a crime, which includes deliberately intending to bring about a prohibited social harm.

Question 4

The criminal defence of NCRMD stands for which of the following?

Accepted Answer

NCRMD stands for "not criminally responsible on account of mental disorder". This defence is used when an individual commits a crime but is deemed to have been suffering from a mental disorder at the time of the offense. It is an exemption from criminal responsibility based on the individual's mental state at the time of the offense.

Question 5

Which of the following situations might result in an accused being found NCRMD?

Accepted Answer

NCRMD (not criminally responsible on account of mental disorder) is typically used when the accused committed the crime due to a mental disorder that rendered them unable to appreciate the nature and consequences of their actions or unable to understand that their actions were wrong. In this case, the woman's action of running a car into a crowd of pedestrians in response to a hallucinatory voice suggests that she may have been experiencing a mental disorder at the time of the offense. The other choices do not necessarily suggest a mental disorder.

Question 6

In which of the following situations is the defence of mistake of fact most likely to fail?

Accepted Answer

The defence of mistake of fact is unlikely to succeed in cases of sexual assault where the accused claims that the victim consented, as consent is a subjective state of mind and must be communicated clearly by the victim. Therefore, mistaken belief in consent is not a defense. In the other options, there is a possibility of the defence of mistake of fact succeeding as the accused had a genuine mistaken belief about the facts.

Question 7

Procuring,soliciting,or inciting another person to commit at crime all fall under which of the legal terms?

Accepted Answer

Procuring, soliciting or inciting another person to commit a crime falls under the legal term "counselling an offence".

Question 8

Which of the following crimes does NOT require proof of objective mens rea?

Accepted Answer

The answer of Which of the following crimes does NOT...

Question 9

A severely developmentally disabled person attacks someone,causing death.Because of the disability,he could not have foreseen that the attack could cause death.Which of the following would most likely happen to this person in court?

Accepted Answer

In legal terms, a severely developmentally disabled person who could not have foreseen the consequences of their actions (such as causing death) may lack the necessary mens rea, or criminal intent, for a murder or manslaughter conviction. Therefore, they might be acquitted of criminal charges due to their inability to understand the nature or wrongfulness of their actions.

Question 10

For most regulatory offences in Canada,which of the following is correct?

Accepted Answer

For most regulatory offences in Canada, the Crown has to prove actus reus (the guilty act) but not mens rea (the guilty mind). This means that the accused person can be found guilty even if they did not intend to commit the offence, as long as they committed the prohibited act. This is different from most criminal offences, where the Crown must prove both actus reus and mens rea.

Question 11

Which of the following is considered an inchoate crime?

Accepted Answer

Conspiracy to kidnap is considered an inchoate crime, meaning it is an offense that is not yet complete. It involves the planning or preparation to commit a crime, but the crime itself has not yet been carried out. This is different from the other options listed, which are completed crimes.

Question 12

What are the three inchoate offences in the Criminal Code?

Accepted Answer

The three inchoate offences in the Criminal Code are attempt, conspiracy, and counselling. Procuring and soliciting are specific offences related to prostitution, while inciting is typically associated with hate speech or encouraging others to commit a specific crime. Aid and abet are not classified as inchoate offences, but rather refer to actively helping or participating in a criminal act.

Question 13

Which of the following describes the situation when someone deliberately ignores what may possibly be a criminal act by another person?

Accepted Answer

Wilful blindness refers to the act of intentionally ignoring criminal activity or wrongdoing by another person, often to avoid knowing about or being held responsible for the actions.

Question 14

Which of the following is not considered an inchoate offence?

Accepted Answer

The answer of Which of the following is not considered...

Question 15

Which of the following scenarios involves a consideration of objective mens rea (reasonable person)in the context of a criminal law?

Accepted Answer

In scenario A, the consideration of objective mens rea involves determining whether a reasonable person in the same situation would have acted in the same way as the defendant who stopped her car in the middle of the road to allow ducks to cross. This is because the criminal charge against the defendant would be based on negligence or recklessness, which requires a consideration of a reasonable person's actions in the same circumstances. Scenarios B, C, and D involve subjective mens rea, which focuses on the defendant's state of mind and intent, rather than on the actions of a reasonable person.

Question 16

What is the legal term that can best be applied to the case of the individual who tries to steal a car that does not run?

Accepted Answer

The legal term that can best be applied to the scenario is "criminal attempt," which refers to an act done with intent to commit a crime that falls short of completing the crime. In this case, the individual intended to steal the car but was unable to do so since it did not run.

Question 17

Which of the following correctly lists the three forms of subjective mens rea recognized in Canada as necessary for conviction for a crime?

Accepted Answer

The three forms of subjective mens rea recognized in Canada as necessary for conviction for a crime are recklessness, wilful blindness, and intention and knowledge. Choice A is incorrect because it includes automatism, which is not a necessary form of mens rea. Choice B is incorrect because it includes ignorance of the law, which is not a valid form of mens rea, and it omits intention and knowledge. Choice D is incorrect because it includes ignorance of the law and automatism, which are not valid forms of mens rea, and omits recklessness and wilful blindness.

Question 18

Which of the following is the legal term used when two or more individuals form a common intention to commit a crime?

Accepted Answer

Criminal conspiracy is the legal term used when two or more individuals form a common intention to commit a crime. Criminal attempt refers to the unsuccessful act of trying to commit a crime. Criminal organization refers to a structured group involved in criminal activity. Criminal counselling refers to giving advice or encouragement to someone who intends to commit a crime.

Question 19

In Canada,you are a party to a crime and liable for conviction for murder in all of the following circumstances except one.Which is the exception?

Accepted Answer

If you plan a murder with others but then withdraw from the plan and do not participate in the actual commission of the murder, you may be charged with conspiracy but not with murder.

Question 20

Which of the following is true of the defence of intoxication?

Accepted Answer

The defence of intoxication is primarily rooted in common law, which is law derived from judicial decisions and precedent rather than statutes. This defence acknowledges that an individual's intent or state of mind can be affected by intoxication, impacting their legal responsibility for certain actions.

Quiz 3: Criminal Law