Criminal Code and Federal Statutes Test 2 Review

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Criminal Code and Federal Statutes Test 2 Review
Sean Thomson
Flashcards by Sean Thomson, updated more than 1 year ago
Sean Thomson
Created by Sean Thomson over 8 years ago
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Question Answer
What could a police officer that points their unloaded firearm at another officer in fun be charged with? Pointing a Firearm 87 (1) Every person commits an offence who, without lawful excuse, points a firearm at another person, whether the firearm is loaded or unloaded. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) is guilty of an offence punishable on summary conviction
What must you prove for the offence of weapons dangerous? Must prove intent to use it in a criminal offense. 88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence. Punishment (2) Every person who commits an offence under subsection (1) (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) is guilty of an offence punishable on summary conviction.
What could a person caught with a tube of crazy glue and shards of glass in their pocket be charged with? Possession of a Weapon for Dangerous Purpose 88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
A high school shop teacher allows his student to make nunchaki sticks and throwing stars in class. What could they be charged with? Unauthorized Possession of a prohibited weapon 91 (2) CC
What could a person who throws bullets into a campfire be charged with? Careless Use of Firearm, etc. 86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.
The driver of a car points a handgun at another driver of a car. Police locate the car shortly after incident. Can the police search the vehicle? Yes, for safety and to seize the weapon used in a criminal offense.
What does the offence of possession at an unauthorized place include? Where the license says you CANT possess it. Any place other than where the licence says you can possess it. Any place the FA says you cannot possess it. Possession at unauthorized place 93 (1) Subject to subsection (3) and section 98, every person commits an offence who, being the holder of an authorization or a licence under which the person may possess a firearm, a prohibited weapon, a restricted weapon, a prohibited device or prohibited ammunition, possesses the firearm, prohibited weapon, restricted weapon, prohibited device or prohibited ammunition at a place that is (a) indicated on the authorization or licence as being a place where the person may not possess it; (b) other than a place indicated on the authorization or licence as being a place where the person may possess it; or (c) other than a place where it may be possessed under the Firearms Act.
Does the offence of pointing a firearm include toy guns? What does it include? No. It includes replicas and air guns with both a high muzzle velocity (greater than 152.4 metres or 500 feet per second) and a high muzzle energy (greater than 5.7 joules or 4.2 foot-pounds).
What are the 10 violent offences where a person would receive an extra 4 year sentence if they use a firearm? Attempt Murder Manslaughter Criminal Negligence Robbery Kidnapping Hostage Taking Sexual Assault with a Weapon Aggravated Sexual Assault Extortion Resist Arrest
How many days does a person have to produce documentation if their firearms are seized? 14 Days
What would a citizen be charged with that was in possession of a fully automatic firearm? Unauthorized Possession of a Prohibited or Restricted Weapon 91 (2) CC
What would a citizen be charged with that was in possession of a magazine larger than 10 bullets for a handgun? ?
What is the appropriate charge for someone that accidentally discharges a firearm? Careless use of firearm, etc. 86. (1) Every person commits an offence who, without lawful excuse, uses, carries, handles, ships, transports or stores a firearm, a prohibited weapon, a restricted weapon, a prohibited device or any ammunition or prohibited ammunition in a careless manner or without reasonable precautions for the safety of other persons.
What is the penalty for careless use of a firearm? (3) Every person who commits an offence under subsection (1) or (2) (a) is guilty of an indictable offence and liable to imprisonment (i) in the case of a first offence, for a term not exceeding two years, and (ii) in the case of a second or subsequent offence, for a term not exceeding five years; or\ (b) is guilty of an offence punishable on summary conviction.
What does “SWAT stand for according to the movie seen in class? What could it stand for? Special Weapons and Tactics
What does the offence of careless use and storage of a firearm include (actions)? Uses, Carries, handles, ships, transports, or stores
When does the offence of pointing a firearm not apply to police officers? When in the lawful execution of their duties.
What does the offence of weapons dangerous include (items)? Anything, as long as there was intent to use it as a weapon.
What does the offence of carry a concealed weapon include (items)? Weapon, Prohibited Device, Ammo
What can an officer search under section 117.02 cc (emergency search for evidence)? Weapon, Imitation Firearm, Prohibited Device, Ammo, Explosive
What can an officer search under section 117.04 cc (emergency search for public safety)? Weapon, Imitation Firearm, Prohibited Device, Ammo, Explosive
What is the penalty for a weapons dangerous charge? IND 10 Years or SC
What is the penalty for pointing a firearm charge? DUAL: 6 Months / $2000 or BOTH, or IND 5 years max
What could a car load of youth arriving at a school dance with baseball bats with the intent to start a fight be charged with? Possession of a Weapon for Dangerous Purpose 88. (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.
What are the facts and issue for careless use of a firearm? Without Lawful excuse In a careless manner Without reasonable Safety precautions for the safety of others
What are the unusual features of the offence of using a firearm during the commission of an indictable offence? Consecutive Sentence (serve 1, then serve the next) Minimum Penalty Includes Replicas Automatic Prohibition upon conviction Indictable Weapons offense
What criminal offence has a teenage boy committed that is target shooting with a BB gun in his backyard? None.
What offences has a citizen committed that has a loaded machine gun under his bed? Possession of a Prohibited or Restricted Firearm With Ammunition 95 (1) CC
What are the facts and issue for carry a concealed weapon? What is the penalty for this offence? Must be concealed… Proof of intention DUAL – Ind 5 yrs or SC
What items can a police officer search and seize to prevent an offence in interest of public safety? Weapon, Explosives, Ammo, Prohibited Device
What items can police search and seize in an emergency to collect evidence WADE Weapon, Explosives, Ammo, Prohibited Device
What are the applicable charges for a person with a loaded handgun in a vehicle? Unauthorized Possession in a Motor Vehicle 94 (1) CC Possession of a Prohibited or Restricted Firearm With Ammunition 95 (1) CC
What could a man that takes a handgun in his jacket to a public meeting with the intent of threatening a politician be charged with? Carrying a Concealed Weapon 90 CC
What are the facts in issue for weapons trafficking and P.P? ?
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