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criminal practice 2

Short Answer
1. Amy and her boyfriend Adam break into a house thinking it is empty. On the way out, they are confronted by
a police officer on the sidewalk. Adam shoots and kills the police officer in a panic.
List the official criteria for first-degree murder and discuss whether or not any of the criteria apply to Adam in
this situation.
2. a) What are the actus reus and mens rea of manslaughter?
b) What two defences might result in a manslaughter conviction for a person charged with murder?
3. The Criminal Code of Canada sets out three levels of assault. Identify and provide a brief description of each
level.
4. In a sexual assault case, can the defence introduce evidence about the sexual history and reputation of the
complainant? Explain.
5. a) Distinguish between prohibited weapons and restricted weapons.
b) Note an example of each of these.
c) What is the legal consequence for an offender who uses a weapon while committing a crime?
6. Distinguish between theft and robbery, and provide an example of each.
7. While sitting in a sports bar, Rehan is approached by a stranger who offers to sell him a digital camera for
$50. The camera is sealed in its original box and displays a price tag with the name of a local photography
store. The stranger tells Rehan that a friend of his gave him the camera as a gift.
a) Is Rehan exposing himself to any legal risks by purchasing this item? Explain.
b) What crime could Rehan be charged with, if any?
8. Sabina and Danya are university law students who sign up to attend a seminar on identity
theft. What are five major categories or types of identity theft they will learn about?
9. Douglas attends his offices Christmas party, and he consumes a lot of alcohol. He then gets into his car and
starts to drive. He runs a red light and hits two people as they are crossing the street. One of them eventually
dies from injuries sustained in the crash. Douglas does not stop and keeps driving until he is pulled over by
police. The police give him a breathalyzer. His blood-alcohol concentration (BAC) is nearly twice the legal
limit. The police take Douglas to the police station to be charged.
a) What is the legal BAC limit?
b) What charge(s) will Douglas likely face?
10. For an alibi to be considered a complete defence, it should consist of three parts. Identify these three parts in
any order.
11. a) Provide a clear definition for automatism.
b) Explain the difference between insane and non-insane automatism.

12. a) Provide a clear definition for self-defence.


b) Summarize what Sections 34 (1) and (2) of the Criminal Code state and how they relate
to self-defence. Provide an example for each.
13. a) What is the difference between ignorance of the law and mistake of fact? Provide an example of each.
b) Which one is a legal defence?
14. What is provocation? Provide an example of how someone might be provoked to commit a crime which
otherwise might not be committed.
15. What is entrapment? Provide an example of how entrapment could occur.
16. List four factors that are, in your opinion, the most important factors a judge should consider when
determining an appropriate sentence.
17. What is the purpose of a victim impact statement and what kind of information does this statement typically
contain?
18. What is the purpose of a pre-sentence report and what is an example of information that it typically contains?
19. The Criminal Code directs judges to alter a sentence where there are aggravating circumstances. List two
aggravating circumstances specified in the Criminal Code, giving an example of each.
20. a) What is the primary aim of diversion programs?
b) Briefly describe two different kinds of diversion sentences.
21. Explain the meaning of:
a) concurrent sentence
b) consecutive sentence
c) intermittent sentence
22. a) What are three conditions that could lead to a person being declared a dangerous offender?
b) What are the consequences for someone who is designated a dangerous offender?
23. a) What is the purpose of restorative justice?
b) What are sentencing circles and healing circles?
24. Most Canadian provinces have victim compensation funds that a victim may use if the convicted offender has
no money to provide restitution.
Name three expenses a victim might need to be compensated for out of these funds.

25. Distinguish between a conditional discharge and a conditional release. Give an example of each.
26. a) What are the main disadvantages of having a criminal record?
b) What can a person who has a criminal record do to try to eliminate it?
Problem
27. Jarrod enters a bar one night and walks directly up to Emmett, who is enjoying a beer with a few friends.
According to several witnesses, Jarrod picked an argument with Emmett immediately and insulted his
manhood several times. There were also multiple references made to a girl named Alisha. Emmett became
angered and shoved Jarrod, who responded by pulling a blunt object out of his backpack and striking Emmett
in the head with it once. Emmett lost consciousness and collapsed. Jarrod ran out of the bar and was later
arrested by police. Emmett died from his head injury a few days later in hospital. During his conversations
with police, Jarrod revealed that Emmett was fooling around with his girlfriend Alisha. He admitted that he
went to the bar that night to confront him, but claims that he never meant to kill him.
a) What must the Crown prove to convict Jarrod of first-degree murder? What evidence could they use to
support this charge? What might Jarrod say in his defence?
b) If the Crown is not confident enough to pursue a first-degree murder charge, what
offence might Jarrod be charged with?
28. Giles and Pauline are the divorced parents of Leigh, a 6-year-old girl. Leigh lives with her father, who has
sole custody of her. During a scheduled one-day visit with her daughter, Pauline persuades Leigh to remain
with her, after promising to take the child to Disneyworld instead of taking her home. Following the
Disneyworld trip, Leigh continues to live with her mother in a nearby city. Giles does not know their
whereabouts and has no word from either of them following the scheduled one-day visit. Finally, with the
help of a private investigator, Giles locates his daughter and demands that Pauline return Leigh to his custody.
a) With what offence might Pauline be charged? Explain.
b) What two defences against this charge are available in law?
29. Charmaine has been charged with the murder of her husband Mark. They were separated and he had just filed
for divorce prior to his death. Friends and relatives of the couple told police that Charmaine did not want a
divorce and that she tried to convince Mark to change his mind.
Through her lawyer, Charmaine issues an alibi for the night of Marks murder. She claims that she could not
have committed the murder because she was home alone watching television when it occurred.
What are the three aspects of a complete alibi defence, and which is missing in Charmaines case? How might
this missing part affect her case?
30. Bernie, his wife, and 4 year old daughter return home one Friday evening after having dinner in a nearby
restaurant. Bernie enters the home first and hears a noise downstairs. He gives his wife the car keys and tells
her to take their daughter and go to the car. Bernie then picks up a baseball bat he keeps near the front door
and goes down to his basement.

When he gets to the bottom of the stairs, he sees a man in the process of stealing various items from his
family room. The man drops what he is carrying and runs past Bernie for the stairs. Bernie swings the bat at
his legs and knocks him down. Bernie swings the bat again and hits the man in the face. As the thief lies on
the floor clutching his face and writhing in pain, Bernie calls the police. After he hangs up, Bernie points the
bat at the man and warns him to stay down or else he will be hit again. The thief attempts to get up and
Bernie hits him in the back with the bat, causing him to fall again.
The police arrive within minutes. The thief needs medical attention for the injuries he sustained from the bat.
Bernie explains what happened and is then arrested and charged with assault causing bodily harm. Through
his lawyer, Bernie pleads self-defence.
a) What are some of the pros and cons to Bernies defence?
b) How would you rule in this case? Justify your response.
31. One night Mr. Lee was driving home when he struck Mr. Smith who was riding his bicycle.
Mr. Smith was rushed to hospital where he succumbed to his injuries the next day. Mr. Lee
was taken into police custody and charged with vehicular manslaughter in the death of Mr.
Smith. During their investigation into the accident, the police learned the following:
Mr. Lees wife is terminally ill and cannot work. The Lees have two children, ages 3 and 9.
On the night of the incident, Mr. Lee was driving home from a charity event that was held to raise money for
his wifes illness. He admitted to having 4 or 5 drinks that night and he fully
cooperated with police. It was winter and Mr. Lee had also neglected to properly defog his
car windows. Mr. Smiths bicycle had properly working reflectors. Mr. Lee had no criminal
record prior to this incident.
How would you sentence Mr. Lee? What are some of the mitigating and aggravating
factors you should consider?
32. Morris and Auld attacked a Toronto taxi driver in whose cab they were passengers. The driver was knocked
unconscious and suffered injuries to the chest, face, jaw, and eyelids. He was robbed of $120 and several
credit cards. It took him a month to recover from the experience.
Morris and Auld were charged with robbery. At the time of the offence, Morris was 20 years old and was
attending school and working part-time. Auld, age 21, had completed Grade 12, and had held a number of
jobs. This was his first offence. The maximum sentence for robbery is life imprisonment.
a) Decide upon a sentence for the offenders in the situation above.
b) Give a rationale for your decision, indicating which sentencing objective is the most important.
33. Jay applied for a job as a security guard for armoured trucks. He had a strong interview, but was told that he
cannot be offered the job because of his criminal record. When Jay was 20-years-old, he and two friends were
convicted on two counts of trespassing and mischief. Jay is now 32-years-old and has never been convicted of
anything else in his life. The security company informed him that because of his criminal record he was not
bondable.
a) What is bonding?

b) What option does Jay have?