FORMAT

Multiple Choice (11pts)

True & False (14pts)

Fill-in-the-Blanks (10pts)

Matching (5pts)

Short Answer (15pts)

Case Law (5pts)

MULTIPLE CHOICE.  Choose the one alternative that best completes the statement or answers the question.

1)  The type of criminal offence an accused is charged with has a bearing on 

A) trial procedures. B)  bail requirements. 

C) custody issues. D)  all of the above. 

2)  An example of a summary conviction offence is 

A) theft over. B)  mischief. C)  burglary. D)  joyriding. 

3)  An accused charged with a summary conviction offence  

A) may be represented by their lawyer at trial instead of making a personal appearance. 

B) must always appear in court at trial. 

C) does not have to appear in court at trial. 

D) requires the consent of the judge if their lawyer is to make an appearance at trial in their stead. 

4)  The most serious indictable offences are usually tried 

A) in the Provincial Court of the province. 

B) before a judge and jury. 

C) in the Appeal Court of the province. 

D) before a judge alone. 

5)  Provincial courts have jurisdiction over 

A) some electable offences. B)  all summary conviction offences. 

C) some indictable offences. D)  all of the above. 

6)  Dual offences are 

A) never treated as indictable until charges are laid in court. 

B) always treated as indictable until charges are laid in court. 

C) sometimes treated as indictable until charges are laid in court. 

D) rarely treated as indictable until charges are laid in court. 

7)  An example of a hybrid offence is 

A) impaired driving. B)  sexual assault. 

C) neither of the above D)  both A and B 

8)  Which of the following is considered culpable homicide? 

A) a home owner who kills an armed intruder at night 

B) a husband who kills his wife's lover after unexpectedly walking in on them in the bedroom 

C) a soldier who kills in the line of duty 

D) a third party who witnesses a mugging and kills the perpetrator in his attempt to assist the victim 

9)  An offender convicted of second degree murder is eligible for parole after serving 

A) 15 years. B)  5 years.  C)  20 years. D)  10 years. 

10)  The maximum punishment for infanticide is 

A) 10 years' imprisonment. B)  a life sentence. 

C) 14 years' imprisonment. D)  5 years' imprisonment. 

11)  In Canada, the most common form of violent crime is 

A) "B & E." B)  robbery. C)  assault. D)  burglary. 

12)  Which of the following is not an example of assault? 

A) swearing angrily at someone during an argument 

B) spitting on someone 

C) threatening to slap someone's face as you approach them 

D) poking someone in the chest during an argument 

13)  In 1983, rape and indecent assault were reclassified in the Criminal Code in order to 

A) coincide with changes to the definition of what constitutes these offences. 

B) reflect society's changing attitudes toward such offences. 

C) emphasize that these offences are centred on physical violence against another person. 

D) modernize the language of the Code. 

14)  The precedent setting case of R. v. Ewanchuk (1999) 1 SCR 330 stated that 

A) it is not always necessary for consent to sexual contact to be given verbally. 

B) consent to sexual contact may be assumed in certain circumstances. 

C) if consent to sexual contact has been verbally denied, it may not be implied through suggestive behaviour. 

D) consent to sexual contact may be implied through conduct. 

15)  Which of the following modes of transportation does not fall within the meaning of a motor vehicle according to the Criminal Code? 

A) snowmobiles B)  pedicabs 

C) all terrain vehicles D)  motorboats 

16)  Operating a motor vehicle while impaired and refusing to provide a breath or blood sample are examples of 

A) quasi-criminal offences. B)  indictable offences. 

C) summary conviction offences. D)  hybrid offences. 

17)  The police can demand that a breathalyzer test be taken by anyone they have reasonable and probable grounds to believe is or has been operating a motor vehicle within the last 

A) four hours. B)  hour. C)  three hours. D)  two hours. 

18)  The term "colour of right" may be defined as 

A) a defence to a charge of theft. 

B) the honest belief that a person has a legal right to the article in question. 

C) an element of the actus reus required for theft. 

D) lawful permission. 

19)  Robbery involves the included offence of 

A) burglary. B)  "B & E." C)  larceny. D)  theft. 

20)  The maximum sentence for robbery is 

A) a life sentence. B)  25 years' imprisonment. 

C) 10 years' imprisonment. D)  14 years' imprisonment. 

21)  The punishment for committing a "B & E" in a dwelling house, as opposed to a commercial building, is 

A) greater. B)  significantly greater. 

C) not as great. D)  the same. 

22)  Mischief is found in the Code under 

A) Offences Against the Person. B)  Offences Against Public Order. 

C) Offences Against Property. D)  Wilful and Forbidden Acts. 

23)  One of the most common examples of public mischief is 

A) falsely reporting a car stolen. B)  vandalism. 

C) falsifying employment records. D)  vagrancy. 

24)  Which of the following is an example of fraud? 

A) adding precious minerals to a mine to increase its value 

B) manipulating the stock market 

C) both A and B 

D) neither of the above 

25)  The Criminal Code specifies that the following can be charged with the offence of soliciting 

A) the procurer, the prostitute, and the client. 

B) the prostitute. 

C) the prostitute and the client. 

D) the client. 

TRUE/FALSE.  Write 'T' if the statement is true and 'F' if the statement is false.

26)  A summary conviction offence is a less serious crime that carries a relatively light penalty.   

27)  Judge alone or judge and jury try a summary conviction offence.   

28)  No criminal record results from a conviction on a summary offence.   

29)  The appearance of the accused is always required at trial for an indictable offence.   

30)  For some indictable offences, the accused has a choice regarding where their case is tried and whether a judge alone or judge and jury adjudicates it.   

31)  Where the accused is charged with a hybrid offence, the judge decides whether to proceed by way of a summary conviction or indictment.   

32)  Generally speaking, homicides are committed by someone known to the victim.   

33)  Violent crime has increased in Canada after 15 years of decreases.   

34)  In countries that sanction capital punishment, executions are considered a form of non-culpable homicide.   

35)  Cases of infanticide are not uncommon in Canada.   

36)  If you accidentally kill a pedestrian while driving your car in a dangerous fashion, you can escape criminal charges because of a lack of intent.   

37)  To be found guilty of manslaughter, the accused must have been able to foresee that their wrongful act could result in death.   

38)  An accused can be charged with criminal negligence causing death or manslaughter, but not both for the same offence.   

39)  All three levels of sexual assault are hybrid offences.   

40)  Attempted suicide is a crime in Canada.  

SHORT ANSWER.  

1)  Identify the three different types of criminal offences. What is the distinguishing feature between them? 

2)  Why do you think an accused, facing the possibility of a long prison term, has the option of a jury trial? 

3)  Whose responsibility is it to determine how to treat a hybrid offence? What factors are taken into consideration when making this decision? 

4)  Outline the four circumstances that will give rise to a charge of first degree murder. 

5)  What is the actus reus of manslaughter? Include an example in your answer. 

6)  Outline in detail the circumstances that must exist for a charge of first degree murder to be reduced to manslaughter. 

7)  What three requirements did the Supreme Court of Canada establish in the Ewanchuk case as being essential in proving the actus reus of sexual assault? What two components are required for proof of mens rea according to Ewanchuk? 

8)  Why are only certain motor vehicle offences found in the Criminal Code? Name three such offences. Where are most motor vehicle offences located? 

9)  Proof of a driver's impairment can be derived from a variety of different sources. Identify at least six different ways this can be done. 

10)  Give three examples of evidence that the Crown may use to prove the intention of the accused to traffic in controlled substances.