Deck 3: Criminal Law

Question 1

Which of the following is not correct when discussing automatism in the context of criminal law?

A)It is a defence that can be used by defendants in a criminal court.
B)It is available only to individuals convicted of indictable offences.
C)It describes unconscious,involuntary behaviour.
D)The defendant does not have a guilty mind (mens rea).

Answer 1

B

Question 2

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

A)subjective mens rea
B)objective mens rea
C)subjective actus reus
D)objective actus reus

Answer 2

A

Question 3

Which of the following is the main source of criminal law in Canada?

A)the Criminal Code
B)the Youth Criminal Justice Act
C)the Controlled Drugs and Substances Act
D)the Canadian Charter of Rights and Freedoms

Answer 3

A

Question 4

The Criminal Code classifies offences into which of the following categories?

A)misdemeanors,mixed or hybrid,indictable
B)felonies and misdemeanors
C)summary,indictable,mixed or hybrid
D)misdemeanors,indictable,mixed or hybrid

Question 5

What is the term used to denote the most serious offences in the Canadian Criminal Code?

A)true crime
B)summary offence
C)hybrid offence
D)indictable offence

Question 6

Which of the following is the only time the courts do NOT require proof of any consequences of a criminal act?

A)in the case of ignorance of the law
B)in the case of an omission
C)in the case of contempt of court
D)in the case of perjury

Question 7

Which of the following is NOT a source of Canadian criminal law?

A)federal legislation
B)judicial decisions interpreting the common law
C)judicial decisions interpreting legislation
D)provincial legislation

Question 8

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

A)negligence
B)mistake of fact
C)intention
D)wilful blindness

Question 9

The Criminal Code of Canada includes a number of provisions to address crime in Canadian society.Which of the following does the Criminal Code NOT address?

A)how crimes are defined
B)how offenders are to be punished
C)general principles of criminal responsibility
D)the social causes of criminal offences

Question 10

Which of the following scenarios does NOT constitute mens rea in the context of a criminal law?

A)An intoxicated driver is convicted of first degree murder after accidentally ramming into a tree and killing a passenger.
B)A drug trafficker is convicted after mistakenly selling cocaine to an undercover police officer.
C)An adult is convicted of having non-consensual sex with a minor,who claimed to be an adult.
D)A burglar is convicted of robbery after stealing from an individual while in an intoxicated state.

Question 11

According to the Supreme Court of Canada in the case of Théroux (1993),a defendant can only be convicted of a criminal offence if that defendant acted voluntarily when committing that offence.Within the context of criminal law,what is the Latin term used to describe when a criminal offence includes an element of voluntariness?

A)mensa sana
B)habeas corpus
C)mens rea
D)actus reus

Question 12

What piece of legislation does the Supreme Court refer to in determining whether the rights of an individual accused of a criminal offence are being protected?

A)Criminal Code of Canada
B)Canadian Charter of Rights and Freedoms
C)Canadian Bill of Rights
D)Constitution Act of 1967

Question 13

Which of the following best describes regulatory offences?

A)They can be enacted only by the Parliament of Canada.
B)They involve prohibited conduct that is also a serious breach of community values.
C)They are created by legislation (federal,provincial,or territorial)that regulates inherently legitimate activities.
D)They can only be enacted by provincial governments.

Question 14

When is failure to come to the rescue of someone in serious danger a crime in Canada?

A)under any circumstance
B)only when the person in danger communicates his/her plight
C)only when there is a pre-existing legal duty to act,such as a parent failing to come to the rescue of his/her small child
D)only when there is a pre-existing duty to act and an emergency call to officials (like 911)is not available

Question 15

What is the term for a body of legislation that specifies the steps to be followed in the prosecution of a criminal case?

A)the Charter of Rights and Freedoms
B)criminal procedure
C)crime
D)common law

Question 16

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

A)intention and knowledge,recklessness,automatism
B)recklessness,ignorance of the law and willful blindness
C)recklessness,willful blindness,intention and knowledge
D)ignorance of the law,automatism and willful blindness

Question 17

Which of the following is a common law offence in Canada at the present time?

A)assault causing bodily harm
B)homicide in the form of manslaughter
C)contempt of court
D)fraud

Question 18

In general,for an act to be defined legally as a crime,which of the following must be true?

A)The perpetrator must realize it is a crime.
B)There must be a prohibition against the conduct.
C)It must contravene a society's of moral code.
D)The entire society must condemn the act.

Question 19

Under the provisions of the Canadian Charter of Rights and Freedoms,which of the following best describes the role of the Supreme Court of Canada?

A)decides whether the Charter is a valid piece of legislation
B)declares invalid any piece of legislation that infringes on an individual's Charter rights
C)decides if the provincial government can introduce criminal legislation
D)helps judges determine common law that is applicable to the Criminal Code

Question 20

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

A)murder
B)dangerous driving
C)assault causing bodily harm
D)criminal negligence causing death or bodily harm

Question 21

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

A)mistake of fact
B)entrapment
C)wilful blindness
D)duress

Question 22

What are the three inchoate offences in the Criminal Code?

A)attempt,conspiracy,or counselling
B)procuring,soliciting,or inciting
C)attempt,conspiracy,or inciting
D)aid,abet,or counsel

Question 23

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

A)no criminal responsibility on moral defence.
B)no criminal responsibility on account of medical disorder
C)not criminally responsible on account of medical disorder
D)not criminally responsible on account of mental disorder

Question 24

Which of the following is NOT something the accused must show in order to claim self-defence?

A)that he or she used no more force than necessary
B)that he or she was did not the spouse of the accused
C)that he or she did not provoke the assault
D)that he or she was unlawfully assaulted

Question 25

For which of the following types of cases is the defence of intoxication most likely to be successful?

A)murder
B)assault
C)damage to property
D)sexual assault

Question 26

Which of the following is NOT a penalty handed out to someone found NCRMD by a court of law?

A)conditional discharge
B)custody in a psychiatric facility
C)imprisonment in a correctional facility
D)absolute discharge

Question 27

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?

A)He would be acquitted of any criminal charge.
B)He would be found guilty of murder.
C)He would be found guilty of manslaughter.
D)He would be found guilty of criminal negligence causing death.

Question 28

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

A)The Crown has to prove mens rea but not actus reus.
B)The Crown has to prove neither actus reus nor mens rea.
C)The Crown has to prove actus reus but not mens rea.
D)The Crown has to prove both actus reus and mens rea.

Question 29

What is the legal term for an accused person's intention to commit a crime that is never realized?

A)criminal endeavour
B)criminal attempt
C)criminal effort
D)criminal enterprise

Question 30

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

A)one
B)two
C)three
D)four

Question 31

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

A)It cannot reduce the severity of a charge such as murder to manslaughter.
B)It is primarily a "common law" defence.
C)It traditionally has applied to all offences.
D)It is based on the idea that alcohol acts as a disinhibition

Question 32

What would most likely happen to a person who broke into a warehouse to obtain lifesaving equipment for use in an emergency?

A)The person would be convicted of the crime of break and enter.
B)The person would be acquitted on the grounds of compulsion.
C)The person would be acquitted on the grounds of necessity.
D)The person would be acquitted on the grounds of self-defence.

Question 33

The defence of provocation can be raised when the accused is charged with which of the following crimes?

A)arson
B)drinking and driving
C)murder
D)sexual assault

Question 34

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

A)actual offence
B)conspiracy to commit an offence
C)criminal attempt
D)counselling an offence

Question 35

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?

A)You plan a murder with others,but change your mind and tell the others you do not want any part of it,but they go ahead and commit the murder anyway.
B)You counsel the commission of murder with another person who actually commits it.
C)You plan and commit a robbery,but during it,without your knowledge,your accomplice kills a guard.
D)You help another person commit murder.

Question 36

Which of the following is considered an inchoate crime?

A)break and enter
B)manslaughter
C)conspiracy to kidnap
D)sexual assault

Question 37

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

A)criminal attempt
B)criminal conspiracy
C)criminal organization
D)criminal counselling

Question 38

Which of the following is not considered an inchoate offence?

A)An offender plans and undertakes a murder.
B)An offender plans a murder but does not follow through.
C)A crime boss orders one of his underlings to smuggle drugs into the country.
D)A crime group consisting of five people work together to smuggle drugs into the country.

Question 39

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

A)A woman is charged with bigamy,having participated in a wedding ceremony,erroneously believing that her first husband was dead.
B)A man is charged with sexual assault but claims that the victim consented.
C)A woman is charged with endangering her employees,but she believed she was not doing so,having heeded the advice of a health and safety inspector.
D)A factory owner manufactures an unsafe device after being given erroneous advice by a government inspector that the device was safe.

Question 40

Which of the following defences is based on the assumption that the accused was forced to commit a crime as a consequence of threats of death or serious bodily harm made by another person?

A)provocation
B)necessity
C)self-defence
D)duress

Question 41

The crime of conspiracy is established only when three or more individuals form a common intention to commit a crime.

Question 42

Provocation is only a partial defence and can only be used when the charge is murder.

Question 43

The Canadian Charter of Rights and Freedoms gives judges the power to invalidate criminal law that unjustifiably infringes on an accused person's rights.

Question 44

The two main sources of criminal law are legislation and judicial decisions.

Question 45

In order to claim self-defence using the battered wife syndrome,the wife must show she is in imminent danger of death or grievous bodily harm.

Question 46

A person suffering from a mental disorder who is capable of understanding what he or she did but who succumbed to an irresistible impulse would be found not criminally responsible on account of mental disorder.

Question 47

Subjective mens rea may consist of intention and knowledge;recklessness;or wilful blindness.

Question 48

A successful defence of not criminally responsible on account of mental disorder acquits a defendant of any criminal charges.

Question 49

The actus reus generally consists of three components: conduct,circumstances,and consequences.

Question 50

In the case of murder,the Supreme Court has ruled that criminal responsibility must be based on subjective mens rea.

Question 51

The Charter of Rights ensures that police are never allowed to intervene before a particular crime is committed.

Question 52

A person who counsels another to commit a crime becomes party to that crime.

Question 53

The most common defence that successfully allows a defendant to escape a criminal charge is ignorance of the law.

Question 54

The legal defence of duress may be used if the accused is threatened with death or serious bodily harm if he or she does not commit a crime for another person.

Question 55

Only the federal and provincial governments can enact legislation that amends the Criminal Code of Canada.

Question 56

Necessity as a defence to a criminal charge occurs when the accused person commits the lesser evil of a crime in order to avoid the occurrence of a greater evil.

Question 57

There is a no real difference between "true crimes" that arise under the Criminal Code and regulatory offences that arise under regulatory legislation enacted by provincial and federal governments.

Question 58

Just thinking about committing a crime is enough in Canada to make one guilty of criminal attempt.

Question 59

Automatism is a form of subjective mens rea.

Question 60

A crime consists of a prohibition against certain conduct and a penalty.

Question 61

Describe what is meant by the legal defence of not criminally responsible on account of mental disorder.

Question 62

What is the difference between counselling and conspiracy within the context of the Criminal Code? Illustrate you answer with an example of each.

Question 63

What is the distinction between indictable,summary and mixed or hybrid offences? Provide examples from the Criminal Code for each of these categories of offences.

Question 64

List and describe the two basic elements of a crime.

Question 65

List and describe the two primary sources of Canadian criminal law.Provide examples of both sources.

Question 66

Define and distinguish between a regulatory offence and a "true crime."

Question 67

"The Supreme Court of Canada has broken new legal ground in Canada in its treatment of battered wife syndrome." Discuss this statement,showing developments in jurisprudence relating to battered wives,and offering your own views on the pros and cons of the changes.

Question 68

Describe the different ways in which a person may become a party to a criminal offence.

Question 69

Compare and contrast substantive criminal law and procedural criminal law.Provide examples for both from the Criminal Code.

Question 70

Explain the difference between strict liability and absolute liability as forms of objective mens rea.

Question 71

What is the role of the Supreme Court of Canada in relation to criminal laws? Cite and describe a recent case (outside of the textbook)where the Supreme Court has ruled on a provision of the Criminal Code.

Question 72

What is an inchoate crime? Identify the basic components of an inchoate crime.

Question 73

Can individuals be convicted of criminal offences even if they were not the persons who actually committed them? Justify your answer with specific references to the Criminal Code.

Question 74

Define and distinguish between subjective and objective mens rea.

Question 75

Describe the major defences that may be raised in response to a criminal charge.For each,provide an example.