APPLICATION /10 Test: Chapter 4 and 5 - Specific Offences and Defences

Similar documents
ASSISTED BY / BYGESTAAN DEUR FRANCOIS DE KOCK

YOUR 7 RULES FOR THE JUSTIFIED USE OF FORCE

Her Majesty The Queen (appellant) v. Nicole Patricia Ryan (respondent) (CAC ; 2011 NSCA 30) Indexed As: R. v. Ryan (N.P.)

SAASL DISCIPLINARY RULES FOR PLAYERS AND CLUBS

Section 8 SOCIAL RESPONSIBILITIES OF THE FIREARMS OWNER/USER

Fouls and Misconduct

SAMPLE CODE OF SWIMMER CONDUCT ROW SWIM CLUB CODE OF CONDUCT NCCP COMPETITION INTRODUCTION RESOURCE

Bigger, Smaller, Stronger, Weaker, Younger, Older:

Bill C-19: An Act to amend the Criminal Code and the Firearms Act

Gun Violence in America: One Week, Six Cities, and the. Washington, DC g, April 26, 2012

City of Brooks Recreational Floor Hockey Rules

July Monthly Statistical Report

NEVADA CCW PROFICIENCY TEST

Background: Concealed Weapons

Law 12 LotG_18/19_FINAL_EN.indb :34

What do young people think about gun control?

Basic requirements for a foul

Making the Connection Between Gun Violence and Domestic Violence

INTRODUCTION TO LEGAL SCIENCE IRL POWER PACK SUPPLEMENTARY WORKBOOK First Edition: 2013

VEGAS BALL HOCKEY RULES


UNIVERSITY - DEPARTMENT OF ATHLETICS

British Sub-Aqua Club

U.S. ALL STAR FEDERATION SAFE SPORT CODE For membership term August 1, 2018-July 31, 2019

Indiana. # Concealed Handgun Permit Holder: Michael Hrnciar SUICIDE. Date: September 5, Total Killed: 2 (including shooter)

Report to the Minister of Justice and Attorney General Public Fatality Inquiry

INTRA INSTITUTE MOOT COMPETITION MOOT PROPOSITION

Hockey Canada Officiating Program 2006 / 2007 Level IV V Examination

The Deactivated Gun Collector s Association

5. Nothing in this Release and Waiver of Liability shall limit or exclude Rapha s liability for:

CRIMINAL LAW SECTION A1

OCEANSIDE PARKS & RECREATION OFFICIAL RULES FOR WOMEN S ADULT 7-ON-7 SOCCER

Proposition 63. have the ability to make substantial changes to the state law. This year there are going to be

FIBA Guidelines for Referee Education Volume 2. Three-Person Officiating. Script

Machineguns, the Machinegun ban, and "Readily Convertible" firearms

QUESTIONING OF JUDGEMENT

MAYOR DALEY OUTLINES DETAILS OF CITY S NEW GUN ORDINANCE Urges Quick Approval by City Council

DEK HOCKEY RULES. Game & Tournament Structure

WEAPONS AND VIOLENT CRIME

Firearms Training Manual

T A S M A N I A LAW REFORM I N S T I T U T E

Overview of the Justice System. Colorado Commission on Criminal and Juvenile Justice (CCCJJ)

BALTIMORE CITY DEPARTMENT OF RECREATION AND PARKS 2018 ADULT COED FLOOR HOCKEY LEAGUE RULES

THE OFFICIAL RULES OF INDOOR SOCCER Youth and Amateur Edition (2004)

S 0412 S T A T E O F R H O D E I S L A N D

DISCIPLINARY COMMITTEE OF THE FOOTBALL FEDERATION OF AUSTRALIA. Steve Pantelidis, Gold Coast United FC

Firearm Justifiable Homicides and Non-Fatal Self-Defense Gun Use

Pro and Con: Should Congress Pass Stronger Gun-control Laws?

3 ON 3 LEAGUE / TOURNAMENT RULES

London School of Hygiene & Tropical Medicine. Improving Health Worldwide

Greater Manchester Walking Football League Rules (Amended February 2018)

Chapter 9: Safety and First Aid

Laws of the Game. Education Session. Created by John Olivia Presented by Abbi Lezizidis February 28, 2015

University of Massachusetts Lowell Campus Recreation Department. Intramural Indoor Soccer Rules

UC POLICE DEPARTMENT REPORTS DASHBOARD

RED BULL NEYMAR JR S FIVE - RULES OF THE GAME 2019

Greater Manchester Walking Football League Rules (Amended November 2017)

Rules and Regulations Patterson Park Broomball League. A Co-Ed, Just for Fun League

Understanding key terms in the gun control debate

John Hummel. Andrew Steiner. Date: May 1, Jonathan Adams, shou. A. Do bike lanes continue through an intersection? Yes.

Florida Southern College Soccer Rules

Indoor Soccer Rules. Each participant is responsible for presenting a current PHOTO ID at game time. NO EXCEPTIONS. Eligibility

SECTION 13 TOUGHNESS DRILLS

CHAPTER 15. Part 3 SHOOTING. Based on Science of Shooting books. Dr. Jim Solum Books available from lulupress.com. Copyright 2012

Part F: Rules Regarding Suspensions for Serious Foul Play, Violent Conduct, Spitting

Disciplinary Procedures for Players in Scottish Women s Football Youth Leagues. Season 2018

)i[r) INDEPENDENT. ~ Investigations Office of BC

BALTIMORE CITY DEPARTMENT OF RECREATION AND PARKS ADULT COED BROOMBALL HALF-ICE LEAGUE RULES

2016 JUNIOR CHAMPIONSHIPS M2M POLICY

2017 Rule Variations for GNLL Youth Box Lacrosse Games (Revised 3/6/17)

*Version 1.1 for Neymar Jr s Five Subject to change

FIREARMS LICENSE APPLICANTS IMPORTANT INFORMATION - PLEASE READ CAREFULLY

HIGH SCHOOL INDOOR FIELD HOCKEY General Rules and Regulations

2014 Misconduct Regulations

Wellington Hockey Association. Judicial Guidelines

QUEENSLAND MASTERS FOOTBALL. Disciplinary Policy 2016

APPLICATION PACKAGE FOR MEMBERSHIP

CENTENNIAL SUMMER HOCKEY LEAGUE RULES 2017

ORDINANCE NO WHEREAS, firearm injuries have a significant public health impact both nationally and locally inasmuch as:

What are Some Solutions to Various Defensive Ball Screen Tactics?

2016 S1. Archery Attack League Rule Book. Archery Attack S1

What Every Gun Owner Needs to Know About Self-Defense Law

WHEREAS, firearm injuries have a significant public health impact both nationally and locally;

NOT DESIGNATED FOR PUBLICATION. No. 113,869 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee,

These are some of the most important decisions to keep in mind:

Use of Force and Deadly Force. Training Module. Handgun Training Specialists

University Liaison Officers Faculty & Student briefing pack

Ultimate Canada Player Misconduct System

YORK REGION SOCCER ASSOCIATION REFEREE EDUCATION SESSION LAWS OF THE GAME BY PETER KALPOUZOS

Use of force when serving a trespass notice in Lower Hutt

FOUL RECOGNITION Entry Referee Training. Foul Recognition Slide 1

COURT OF APPEALS OF VIRGINIA. Present: Judges Baker, Benton and Senior Judge Hodges Argued at Norfolk, Virginia

Minnesota Lacrosse Association Boy s High School and Youth Field Lacrosse Spectator Guide

Basic Water Polo Rules

OFFICIALS SIGNALS. Appendix II BALL HAS ENTERED ATTACK AREA BALL IN POSSESSION DISREGARD FLAG FACEOFF FOUL DESCRIPTION

NORTH HURON SOCCER LEAGUE

Excerpt from City of Edmonds Police Policy Manual, Section , pp to Use of Force CALEA State 1.2 Effective 01/01/00

Statik Soccer Center Official Rules for 7v7 Amateur and Youth Edition Subject to Change

Indoor Soccer Rules Participation Warning Intramural Policies 1. Eligibility: 2. Jewelry: 3. Sportsmanship: 4. Identification Requirements:

Texas CHL Test Study Guide. The written test is composed of 25 true/false and multiple choice questions. Application

Transcription:

Name: KNOWLEDGE AND UNDERSTANDING /41 THINKING AND INQUIRY /20 APPLICATION /10 Test: Chapter 4 and 5 - Specific Offences and Defences KNOWLEDGE AND UNDERSTANDING (40 MARKS) Part A: True and False (12) 1) Ignorance of the law can be a defense in some cases. 2) Watching someone get mugged, but doing nothing about it (like on Seinfeld) is not a crime. 3) Abortion can be classified as homicide. 4) Someone can be convicted of assault without actually inflicting bodily harm on another person. 5) If two people get into a heated argument and by accident one of them gets pushed into a brick wall and dies from this head injury, the person who accidentally pushed the other one is still guilty of murder. 6) It is against the law both to commit suicide and to perform euthanasia. 7) If a person says that they would not have done a crime if they were not drunk, this can be used as a defence. 8) In order to use the defence of Duress, there must be threat of immediate death or injury to your family. 9) If a trespasser enters a home in the middle of the night and attempts only to steal expensive paintings, the homeowner may not shoot him to stop him from leaving with the priceless art. 10) The defence of Self-Defence states that it is alright for someone who is being attacked to use force to protect him/herself, but it is not alright to over-react. 11) Elaine beat up Kramer and told the court that he provoked her into beating him up. Elaine could successfully use the defence of Provocation to exonerate her of the crime. 12) Mr. Costanza fell on a pasta figurine and Kramer (who was drinking with Newman) got into a car and drove him to the hospital. On the way to the hospital, Kramer was pulled over and charged with Impaired Driving. Kramer would be successful using the defence of Necessity. 1

Part B: Matching (13 marks) 1) Deliberately taking an unjustifiable risk. 2) Failure to act when the law requires us to do so is also an example of this. 3) If this offence has been committed, then you must tell the authorities regardless of your involvement, or you are guilty of being an accessory. 4) A person that obtains entrance to a building through Possession of a stolen key is guilty of this. 5) Murder requires this to be specific, while manslaughter requires this to be general 6) The test that decides whether or not the defence of Double Jeopardy can be used. 7) Involuntary behaviour, where the mind does not know what is being done. 8) You cannot use this type of force in self-defence. 9) Already acquitted of this offence. 10) A threat against property is not enough, the threat must be against a person - to use this defence. 11) When the accused feels that they have no other courses of action. 12) Method of charging the accused, with the hopes that one charge may stick. 13) The only purpose of this defence is to reduce a charge from murder to manslaughter. WORDS: Autrefois Aquit Autrefois Convict Necessity Shotgun Rifle Provocation Self-Defence Reasonable Excessive Unordinary Ordinary Constructive Duress Intent Mens Rea Break and Entry Trespass Treason Negligent Substantial Identity Insane Automatism Non_Insane Automatism Automatism Insanity Res Judicata 2

Part C: Long Answer (16 marks) Please read the questions below carefully and answer in the space below. 1) Define the reverse onus clause and give an example of an offence where this clause is used. (4 marks) 2) Describe in detail the difference between theft and robbery. (4 marks) 3) State the 3 Elements of Necessity and give an example where this defence may be used. (4 marks) 4) Explain why the defence may want to use the defence of insanity. Explain why the Crown may want to use the defence of insanity. What would the difference in their reasoning be? (4 marks) 3

THINKING AND INQUIRY (20 MARKS TOTAL) APPLICATION (10 MARKS TOTAL) Part D: Case Analysis (10 mark; 20 total) Read the Case below and on a separate piece of paper, analyze the Case using the following criteria: 1) Identify the parties involved and summarize the circumstances (relationship). 2) Isolate the issue (what is crime, where do all parties stand). 3) Discuss all legal issues by evaluation of prosecutor s and defense s case. 4) Based on your legal expertise, describe what you feel the results of the case should be. SMITHERS V. THE QUEEN Supreme Court of Canada, 1978 The appellant and his victim, Cobby, were playing in a midget league hockey game on opposite teams. It was a violent game marked by many fights. Cobby taunted Smithers, who is black, with racial insults. Both boys were repeatedly evicted from the game. Smithers had repeatedly told Cobby that he would get him. Cobby waited for 45 minutes after the game was over before leaving the arena, demonstrating a clear fear of Smithers who was physically much larger than Cobby. When Cobby came out, accompanied by several teammates, Smithers was waiting and immediately charged into Cobby. Smithers landed one solid punch before the other boys were able to intercede, trying to prevent further fighting. Several boys were able to hold Smithers arms, but he was still quite close to Cobby. He managed to kick Cobby in the stomach. The victim collapsed, gasped for air and died within minutes. The autopsy revealed no damage to the deceased s major organs. The cause of death was asphyxiation. The kick had caused the victim to suddenly vomit, but instead of the stomach matter coming up into the mouth, much of it went into the lungs. The victim s epiglottis had, for some unknown reason, malfunctioned. There had been no previous history of unexplained vomiting. Smithers was convicted of manslaughter and the Supreme Court of Canada upheld the conviction. R V. Mack (1989) SCC 67C.R. (3d) 1 4

Answer Key True and False 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) Matching 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 5