Question 1

The idea that there can be no crime unless a law forbids the act in QUESTION is embodied in which phrase?

Accepted Answer

The phrase "nullum crimen sine lege" directly translates to "no crime without law," meaning that an act cannot be considered a crime unless there is a pre-existing law that defines it as such. This principle is fundamental to criminal law, ensuring that individuals are not punished for actions that were not legally defined as crimes at the time they were committed.

Question 2

In which case did the defence unsuccessfully argue that relevant police occurrence records concerning the complainant should be made available in accordance with the rules concerning full disclosure?

Accepted Answer

In R. v. Quesnelle, the defense argued for the disclosure of police occurrence reports, but the court ruled that such records are not automatically subject to disclosure under the rules of full disclosure.

Question 3

What was demonstrated in Gotell's study of 16 sexual assault cases where judges had been asked by the defence for records about the complainants?

Accepted Answer

Gotell's study demonstrated that records are disclosed to the accused on the basis of discriminatory rationales, highlighting issues in how judges handle requests for complainants' records in sexual assault cases.

Question 4

Which of the following is NOT an example of how criminal law deals with intangibles?

Accepted Answer

Criminal law's treatment of intangibles includes laws against actions like stalking, hate crimes, and perjury, which don't necessarily involve physical harm but rather protect against psychological, emotional, or societal harm. Physical injury laws, on the other hand, deal with tangible harm to a person's body, making them not an example of how criminal law deals with intangibles.

Question 5

Which level of sexual assault is a hybrid offence by which a Crown prosecutor has the power of discretion to proceed by way of indictment or summary conviction?

Accepted Answer

Level 1 sexual assault is a hybrid offence, allowing the Crown prosecutor the discretion to proceed by way of indictment or summary conviction based on the severity of the case and other factors.

Question 6

Which term refers to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime?

Accepted Answer

Corpus delecti literally means "body of the crime" in Latin. It refers to the principle that there must be proof that a crime has occurred before someone can be convicted of committing that crime. This concept is fundamental in criminal law to ensure that individuals are not unjustly prosecuted for crimes that may not have actually taken place.

Question 7

Based on the Supreme Court of Canada ruling in O'Connor, what is the first element a judge has to consider when determining if a victim's counselling records can be accessed by the defence?

Accepted Answer

The first element a judge must consider is whether the counselling records are likely to be of sufficient relevance to the defence, as per the Supreme Court of Canada ruling in O'Connor.

Question 8

In which case did the Supreme Court of Canada rule that a woman's records had to be given to the judge if the defence could persuade the judge that the records may contain information useful to the defendant?

Accepted Answer

In R. v. O'Connor, the Supreme Court of Canada established the precedent that a woman's records must be disclosed to the judge (and potentially to the defense) if it can be shown that they may contain information relevant to the defendant's case. This decision was aimed at balancing the accused's right to a fair trial with the privacy rights of the complainant.

Question 9

According to the text, what was the most controversial aspect of the sexual assault law introduced in 1983?

Accepted Answer

The most controversial aspect was the provisions restricting the ability of the accused to introduce evidence concerning the victim's past sexual conduct, as it aimed to protect the victim's privacy and avoid victim-blaming based on their sexual history.

Question 10

When did the Supreme Court unanimously uphold the 1992 law that restricted the freedom of defence lawyers to QUESTION sexual assault victims about their past sexual history?

Accepted Answer

The answer of When did the Supreme Court unanimously uphold...

Question 11

What two elements are required for an offender to be found guilty in a court of law?

Accepted Answer

Actus reus (guilty act) and mens rea (guilty mind) are the two elements required for an offender to be found guilty in a court of law.

Question 12

What percentage of all sexual assault charges in 2016 were Level 1?

Accepted Answer

The answer of What percentage of all sexual assault charges...

Question 13

In which case did the Supreme Court of Canada reject the defence of implied consent?

Accepted Answer

In R. v. Ewanchuk, the Supreme Court of Canada rejected the defence of implied consent in sexual assault cases, emphasizing that consent must be affirmative and ongoing.

Question 14

In which case did the defendant unsuccessfully argue that he had been denied a fair trial because he had been unable to raise specific aspects of his prior sexual relationship with the complainant, arguing that he had formed the "honest but mistaken belief" that the sexual incident was consensual?

Accepted Answer

In R. v. Darrach, the defendant argued unsuccessfully that he had been denied a fair trial due to restrictions on raising specific aspects of his prior sexual relationship with the complainant. He claimed this hindered his defense of having an "honest but mistaken belief" in consent. The Supreme Court of Canada upheld the conviction, emphasizing the importance of protecting the complainant's dignity and privacy while ensuring a fair trial.

Question 15

What is required for an act to be determined as legally criminal?

Accepted Answer

An act is determined to be legally criminal if there is a law that defines the act as criminal. The existence of a law specifying that an act is criminal is what gives the courts and law enforcement the authority to prosecute and penalize individuals for those actions.

Question 16

Which concept is commonly seen in incidents resulting in severe injury or death?

Accepted Answer

"Mens rea" refers to the mental state or intent behind committing a crime, which is often a key factor in incidents resulting in severe injury or death.

Question 17

In which case did a judge rule that preventing the cross-examination of a complainant about her or his sexual history could omit pertinent evidence thus hindering the accused's ability to make full answer and defence?

Accepted Answer

The answer of In which case did a judge rule...

Question 18

In order to convict someone, which element must the state must usually prove?

Accepted Answer

The state must usually prove the concurrence of mens rea (the guilty mind or intent to commit a crime) and actus reus (the actual act of committing the crime) to convict someone.

Question 19

Which concept captures the idea that in almost every crime it is necessary for the prosecution to prove that some action of the defendant's resulted in the effect, which is a criminal act.

Accepted Answer

Actus reus refers to the physical act of committing a crime, which is a fundamental concept in criminal law that requires the prosecution to prove that the defendant's actions led to the criminal outcome.

Question 20

Which concept promotes the idea that an act itself does NOT make a person guilty of a crime, unless their mind is also guilty?

Accepted Answer

Mens rea, a Latin term meaning "guilty mind," is the legal principle that an act alone does not make someone guilty of a crime unless their mind is also guilty, indicating the intention or knowledge of wrongdoing.

Quiz 2: Criminal Law and Criminal Justice in Canada