Criminal Summary

Frage	Antworten
explain summary offence?	Summary conviction offences are the most minor offences in the Criminal Code. Examples are "disturbances" and "harassment" without the right to a jury trial and/or indictment
explain indictable offences?	an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury Murder and treason are examples of crimes committed in Canada which would be indictable offences.
explain hybrid offences	Hybrid offences include impaired driving, assault and theft under $5,000. Hybrid offences are considered indictable until the Crown makes its election. As fingerprinting occurs before the Crown selects the mode of prosecution, you will be fingerprinted for a hybrid offence even if it is prosecuted summarily.
When can a police officer make arrest without a warrant	Subsection 494(1)(a) provides that a person is authorized to arrest without warrant a person he or she finds committing an indictable offence. Subsection 494(1)(b), meanwhile, provides that a person is authorized to arrest without warrant a person who, on reasonable grounds, he or she believes has committed a criminal offence and is escaping from and freshly pursued by persons who have lawful authority to arrest that person
what is Actus Reas	physical act of the crime
What is Mens Rea	the mental intent to do the crime
Give example where consent may not be a defence	bob was pressured to sell his home to pay for his mothers care...she was placed in a home and he was told his sister would no longer pay their mothers bills if he did not sell. -Duress - unconscionability -mental issues
A prosecutor would like a conviction for attempted murder but is concerned that the evidence does not warrant it however, she would settle for a conviction for assault causing bodily harm. What should she do? (duplicity, joinder)	589 No count that charges an indictable offence other than murder shall be joined in an indictment to a count that charges murder unless (a) the count that charges the offence other than murder arises out of the same transaction as a count that charges murder; or (b) the accused signifies consent to the joinder of the counts.
What is meant by annotated criminal code?	previous years publications renewed with further elaboration
What must be established on behalf of the accused if they are to be found not criminally responsible?	16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.
What is a summary procedure?	refers to an immediate process, issuing and taking effect without intermediate applications or delays
What is an indictable procedure?	An offence which the government can opt to cause trial by a more formal process than by summary process.
what is the difference between criminal law and non criminal law?	Criminal law deals with acts that violate the Criminal Code and other federal statutes. Civil law deals with disputes between private parties.
the purpose and principles of sentencing are?	(a) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (b) to deter the offender and other persons from committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims or to the community.
What is a pre-sentencing report?	A report filed with the court prior to sentencing covering the offender's personal and family history and present environment.
what is a peace bond?	is an order from a criminal court that requires a person to keep the peace and be on good behavior for a period of time
how to cite CCC	Criminal Code, RSC 1985, c C-46
section 27 of the criminal code	the allowance of persons to use necessary force to prevent an offence
what is bail?	the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court
what is interim release?	Pre-trial release of an individual accused of a crime

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