Criminal practice

Modified True/False
Indicate whether the statement is true or false. If false, change the identified word or phrase to make the statement true.
____

1. Criminal offences are treated the same throughout the different provinces of Canada.

____

2. The Criminal Code provides a clear definition of various criminal offences, but criminal punishments are left
entirely up to the trial judge.

____

3. Under Canadian law, manslaughter is treated the same as murder.

____

4. Culpable homicide means that a person can be blamed or held responsible for causing the death of another.

____

5. An assault cannot occur on the basis of threats alone.

____

6. If someone shoots a gun at someone else and misses, it can still be considered assault.

____

7. Aggravated assault occurs when the victim is hurt so badly their life is endangered.

____

8. Molestation is a Level Three sexual assault.

____

9. The age of consent to sexual activity in Canada is 16.

____ 10. In Canada, when there is a relationship of trust, such as teacher-student, the age of sexual consent is 21.
____ 11. The most significant aspect of a sexual assault case is always the issue of whether or not the alleged victim
gave consent.
____ 12. Robbery is another term for the crime of theft.
____ 13. In arson cases, the maximum penalty when there is no threat to human life is life in prison.
____ 14. Mail theft and misuse of someones personal data are examples of identity theft.
____ 15. To be prosecuted by the Canadian government, terrorist activity must have taken place in Canada.
____ 16. The best possible defence is usually a strong alibi.
____ 17. An accused persons formal response to criminal charges is his or her plea.
____ 18. Committing a crime while sleepwalking may lead someone to use the legal defence of
automatism.
____ 19. There is only one type of automatism.
____ 20. An accused person may use intoxication as a defence to prove that he or she could not form
specific intent.

____ 21. The Carter Defence is a valid defense in Canada for people who are charged with impaired driving.
____ 22. Battered Woman Syndrome (BWS) is not a valid defence in Canada.
____ 23. The Supreme Court has ruled that testimony that relies on hypnosis is reliable enough to be introduced in a
trial as evidence.
____ 24. Necessity can be used as a defence if the accused person can convince the court that there were urgent and
threatening circumstances when the crime was committed.
____ 25. Duress is one of the easiest defences to establish.
____ 26. If an accused person can demonstrate ignorance of the law, then that argument counts as a valid legal defence.
____ 27. Mistake of fact is a defence that occurs when the accused claims that there was a genuine misunderstanding.
____ 28. When a person has been set up by police officers to commit a crime, the defence of provocation may be used.
____ 29. Double jeopardy means to be tried twice for the same offence.
____ 30. When sentencing a convicted offender, a judge must consider several factors, including victim impact
statements.
____ 31. Judges are not required to follow precedents, or sentences imposed in similar cases.
____ 32. A conditional release allows a convicted person to be released under certain terms and
conditions.
____ 33. The Criminal Code provides the judge with a list of penalties available for a criminal offence.
____ 34. Specific deterrence aims to discourage people in society from committing a criminal offence.
____ 35. The victim can sue the offender whether or not restitution is granted.
____ 36. One of the main purposes of criminal sentencing is to encourage recidivism.
____ 37. The maximum imprisonment for indictable offences can be life imprisonment, depending on the seriousness
of the crime.
____ 38. If a person commits a serious crime in Canada and is not a Canadian citizen, they may be deported to their
home country.
____ 39. The last execution to occur in Canada was in 1962.
____ 40. If a judge orders that restitution be paid to a victim, this may include compensating the victim for loss of
property and income.

Multiple Choice
Identify the choice that best completes the statement or answers the question.
____ 41. What is the killing of another person called, whether it is done directly or indirectly?
a.
b.
c.
d.

homicide
culpable homicide
non-culpable homicide
first-degree murder

____ 42. If a murder is planned in advance and deliberate, it qualifies as

a.
b.
c.
d.

first-degree manslaughter.
second-degree murder.
first-degree murder.
second-degree manslaughter.

____ 43. If someone can be blamed for the killing of another person, which of the following is it categorized as?
a.
b.
c.
d.

homicide
culpable homicide
non-culpable homicide
first-degree murder

____ 44. Which of the following classes of murder does Canada recognize?
a. intoxicated and non-intoxicated
b. murders with and without motive
c. murders of citizens and of law officers
d. first-degree and second-degree
____ 45. How many levels of assault are recognized in the Criminal Code?
a. two levels
b. three levels
c. four levels
d. five levels
____ 46. What is the current legal status of assisted suicide, or voluntary euthanasia?
a.
b.
c.
d.

legal in Canada
illegal in Canada
a hybrid offence
legal under cetain conditions

____ 47. Assault causing bodily harm is which level of assault?

a.
b.
c.
d.

first
second
third
fourth

____ 48. Consent is not a defence to sexual assault where the victim is under 16 years of age, except in cases where
which of the following is true of the accused?
a. is of unsound mind

b. is less than 2 years older than the victim

c. is less than 5 years older than the victim
d. is under 18 years old
____ 49. What is the maximum prison sentence for anyone found guilty of abducting a child?
a. 5 years
b. 10 years
c. 20 years
d. life in prison
____ 50. Which of the following are property crimes?
a.
b.
c.
d.

break and enter

arson
theft
all of the above

____ 51. What is the act of intentionally creating damage to property by fire or explosion called?
a.
b.
c.
d.

vandalism
negligence
arson
all of the above

____ 52. What crime would taking personal information from a companys database be?
a.
b.
c.
d.

theft
robbery
breaking and entering
identity theft

____ 53. Which of the following does the federal government now require all owners and users of firearms to do?
a.
b.
c.
d.

obtain a licence and register firearms

use only non-restricted weapons
pay taxes into the Firearms Fund
surrender restricted weapons

____ 54. What is a possible punishment for street racing?

a.
b.
c.
d.

criminal negligence causing bodily harm punishable up to 14 years in prison

dangerous driving causing death with a maximum penalty of life in prison
suspension of drivers licences
all of the above

____ 55. A strong alibi includes which of the following?

a. an account of where the accused was when the crime occurred.
b. a statement that proves the accused was not present at the location of the crime when it
occurred.
c. witnesses who can verify the alibi.
d. all of the above.
____ 56. Which defence is sometimes referred to as temporary insanity?

a.
b.
c.
d.

insane automatism
non-insane automatism
intoxicaton
battered woman syndrome

____ 57. If an accused person is found to have been suffering from a mental disorder at the time of an offence, the
verdict will be
a. not guilty.
b. not guilty by reason of insanity.
c. guilty with an explanation.
d. not criminally responsible.
____ 58. What is the term for involuntary action by someone who is in a state of impaired consciousness?
a. intoxication
b. automatism
c. hypnosis
d. mental disorder
____ 59. After the case of R. v. Lavalee, 1990, what defence was officially recognized in Canada?
a. entrapment
b. legal duty
c. battered woman syndrome
d. battered spousal syndrome
____ 60. If a person who is being attacked genuinely believes it is a life-threatening situation, and this person actually
kills his or her attacker, what defence would be used?
a. necessity
b. duress
c. provocation
d. self-defence
____ 61. If used successfully, what defence demonstrates a lack of mens rea because an honest error
was made?
a. double jeopardy
b. intoxication
c. mistake of fact
d. entrapment
____ 62. Section 11 of the Charter of Rights and Freedoms states that a person cannot be tried for the same offence
more than once. What legal defence does this refer to?
a. double jeopardy
b. entrapment
c. alibi
d. all of the above
____ 63. Which of the following crimes could the defence of duress not be used against?
a. robbery
b. murder
c. theft
d. all of the above
____ 64. What defence can be used if a crime is committed in the heat of passion?
a. self-defence

b. battered woman syndrome

c. provocation
d. non-insane automatism
____ 65. When accused persons formulate their defence, they can
a. deny having committed the act.
b. claim they lacked the mens rea.
c. argue they had a valid reason for committing the act.
d. all of the above.
____ 66. What defence should be presented as early as possible to authorities (otherwise, it may seem suspicious)?
a. non-insane automatism
b. alibi
c. insane automatism
d. entrapment
____ 67. Which of the following may the judge consider when imposing a sentence?
a. sentencing principles
b. public opinion
c. victim impact statement
d. all of the above
____ 68. A convicted offender who is likely to reoffend and could pose a threat to society is
a. a convicted felon.
b. a dangerous offender.
c. a long-term offender.
d. all of the above.
____ 69. In what year did Canada abolish capital punishment?
a. 1976
b. 1967
c. 1955
d. 2001
____ 70. What are factors a judge considers that favour the convicted offender and suggest his or her sentence should
be less severe?
a. mitigating circumstances.
b. aggravating circumstances.
c. absolute discharges.
d. conditional discharges.
____ 71. What is a sentence that allows convicted offenders to live in society as long as they are supervised and meet
certain conditions?
a. parole
b. probation
c. peace bond
d. conditional discharge
____ 72. If a conditional sentence is issued by a judge, what happens to the offender?
a. he or she must remain in the jurisdiction
b. he or she may be ordered to attend rehab
c. he or she is released on a conditional order
d. all of the above

____ 73. Under the Criminal Code, what is the maximum fine for summary offences?
a. $500
b. $2 000
c. $5 000
d. $10 000
____ 74. Under the Criminal Code, what is the maximum fine for indictable offences?
a. there is no maximum fine
b. $5 000
c. $25 000
d. $500 000
____ 75. When a convicted offender serves a prison sentence for two or more offences at the same time, what type of
sentence is this?
a. intermittent
b. consecutive
c. concurrent
d. indeterminate
____ 76. What is the name for a restorative justice circle that prepares an offender to return to the community?
a. a sentencing circle
b. a healing circle
c. a releasing circle
d. a restitution circle
____ 77. When may the defence appeal a conviction?
a. if there is a question of law
b. if there is a question of fact
c. if there is any reason the court believes is worthwhile
d. all of the above
____ 78. A legal detention that allows a degree of supervised access to the community is what type of custody?
a. closed
b. intermittent
c. open
d. probation
____ 79. If a convicted offender is released from prison as required by law, this is
a. probation.
b. full parole.
c. day parole.
d. statutory release.
____ 80. Being excused from a crime is known as a(n)
a. conditional release.
b. pardon.
c. conditional discharge.
d. absolute discharge.
Completion
Complete each statement.

81. _____________________, a federal statute, provides clear definitions of what criminal offences are in
Canada.
82. When one person kills another by complete accident or in self-defence, the killing is considered to be
____________________ homicide.
83. People charged with murder may be convicted of manslaughter instead if they can successfully use either the
defence of provocation or the defence of ____________________.
84. The killing of a law enforcement agent (e.g. a police officer) is classified as ____________________ degree
murder.
85. Aggressive panhandling could be an example of Level ____________________ Assault.
86. In most sexual assault cases, ____________________ is the main issue.
87. Sawed-off shotguns are classified as _____________________ weapons in the Criminal Code.
88. When dealing with obscenity cases, the Supreme Court generally follows the ______________________
test.
89. Threatening a person while stealing from them is an example of ____________________.
90. Having the legal right to own something is known as ____________________ of right.
91. If the value of a fraud is more than $5000, it is a(n) ____________________ offence.
92. Communicating for the purpose of prostitution is an illegal activity and is known as
____________________.
93. The ____________________ Act is a piece of legislation that allows police to search for controlled
substances and drugs.
94. A legal defence that claims the accused could not have been at the scene of the crime when it took place is
a(n) ____________________.
95. ____________________ automatism may be used as a defence by a person who claims that during the crime
he or she was sleepwalking or suffering the effects of a stroke.
96. A trial cannot proceed if the accused is deemed ____________________ to stand trial.
97. Over the past several years, police in Canada have increased their spot checks of vehicles for intoxicated
drivers. This initiative is called R.I.D.E., which stands for ____________________.
98. Evidence that disputes the Crowns evidence is called evidence to the ____________________.

99. The Supreme Court has recognized ____________________ as a legal defence that is caused by severe
domestic violence.
100. Using reasonable force to defend yourself is referred to as ____________________.
101. An intoxicated person may not be able to form specific intent, but may be found guilty of a
____________________ intent offence.
102. A famous defence that involves intoxication but is no longer accepted in Canada is the
____________________ Defence.
103. If accused persons can prove that although they were conscious at the time of the criminal act, their actions
were not voluntary, they may use the defence of ____________________.
104. To threaten or force someone to commit a crime against that persons will means that the defence of
____________________ may be used.
105. In a case involving the defence of double jeopardy, the term autrefois ____________________ means the
accused is stating he or she has already been convicted of the charge.
106. If an accused person can convince the court that they have been set up by police, a judge may stop the court
proceedings. This scenario refers to the defence of ____________________.
107. In recognizing the effects of spousal abuse, the courts have acknowledged that this abuse usually exists in
three main categories: physical, financial, and ____________________.
108. There are generally three criteria for establishing an acceptable alibi. If one of the three criteria has not been
fulfilled, the police will consider the alibi to be ____________________.
109. If an accused person is able to use the defence of intoxication successfully, the charge of murder may be
reduced to ____________________.
110. Circumstances that decrease the responsibility of the offender are called ____________________
circumstances.
111. A minimum punishment that is imposed by law is called a ____________________ minimum sentence.
112. When victims have an opportunity to describe the effect(s) that the crime had on them, this is known as a
victim ____________________ statement.
113. The term used to describe the act of recommitting crimes is ____________________.
114. An offender who has a record of conviction can be placed on ____________________ for up to three years.
115. A prison sentence without a fixed end date is called a(n) ____________________ sentence.
116. In restorative justice, a circle that focuses on resolving conflict between an offender and a victim is called a(n)
____________________ circle.

117. An official who is appointed to investigate complaints made against the government is an
____________________.
118. The party that requests an appeal of a conviction is called the ____________________.
119. Government agencies that are responsible for convicted offenders are called
____________________ services.

120.
custody.F:

The type of custody that enables an inmate to work is ____________________

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