block 4 crim law

Question Answer
What section is fraud? S.380- Where a person or the public is defauded of any propery, money or valuable security or any service
What is deceit? Trickery or imsreprentantion – by saying or doing something or by an ommision or non-disclosure
What is falsehood? A lie
What is other fraudulent means? all other means taht can be characterized as dishonest.
Define Fraud. In sum, for an offence of fraud, there is a fraudeulent misrepresentation which results in the victim suffering some sort of loss or risk of loss. = DISHONESTY and DEPRIVATION
What is false pretence? s.361 A representation of a matter of face either present or past.
What is a false presumption? if a cheque was cashed withina reasonable time and was dishounoured because of no funds, there is a presumption that the item was obtained by a false pretence- unless the accuses rebuts the presumption.
What is fraudulently obtaining food, bev, or accomodations? s.364- offence to obtain food, bev, accom by deceit or trickery.
What is fraudulently obtaining transportation? s.393(3) offence to obtain transportation by trickery or deceit (Taxi shit).
What is forgery? s.366 Actus- making a document that is falseMens Rhea- knowledge that the document is false AND intent that it be acted on.
What is uttering in relation to forgery? s.368 a person who knows the document is forged and uses it to have someone act on it as if it were genuine.
What sections are counterfeit under? s.448 (def) s.449 (offence provision) s.450 (using it)
What section is impersonating a police officer? s.130 making someone believe
What is a false pretense? a type of fraud…in addition to the basics of fraud- a lie plus a loss or risk of loss. You need: 1. an actual loss 2. something tangible was lost 3. lie/misrepresentation- must relate to a matter either present or past.
What is mental disorder? means a disorder of thought, perception, feelings or behavior that seriously impairs: a persons judgement; the capacity to recognize reality; the ability to associate with others; or the ability to meet the ordinary demands of life.
Can you apprehend under the MHSA? ie. take into custody? YEs 4 ways: voluntary compliance (s.17); a doctor issuing a certificate (s.18); a judge issuing a warrant (s.19); your own observations and conclusions (s.20) —You need to give RTC to indiv who are DETAINED or ARRESTED
s.16 of the MHSA explains what? Every person who is apprehend or detained pursuant to sections 18- must be informed for the reason for the apprehension or det; and entitled to the paperwork asapractible.
s.17 Voluntary compliance explains what a person may, on their own request, receive an assessment and treatment services for mental health issue. TAKE THEM TO THE HOSPITAL
Involuntary Examination under MHSA states what? where a person needs care but its not possible for them to be admitted voluntarily, its possible to admit them involuntarily..this is 3/4 apprehension reasons. s.18, s.19, PO discretion.
s.20 MHSA is what? Involuntary examination by discretion by PO, person is likely to : cause harm to himself or herself or to others; or suffer substantial mental or physical deterioration. Must be able to articulate why!!!
What is a sexual assault? a sexual assault is an assault with a sexual purpose. MENS REA- is intent to apply force to the victim in a sexual manner. ACTUS REUS- touching sexually without consent.
What are the three steps to investigating a sexual assault? Step 1- interview of the complainant Step 2- The remainder of the case- Witness KGB'ed, search for evidence, Step 3- determine if children were victims-
What is sexual interference victim under 16? s.151- touching directly or indirectly for a sexual purpose with a body part or any other object any part of the body of a person who is under 16.
What is invitation to sexual touching victim under 16? s.1520 offence to invite or encourage a child under 16 to touch the body of any person for a sexual purpose. Offence complete once the invitation whether or not the child accepts/not accepts.
What is sexual exploitation? 16 and 17 yr old. s.153- accused must be in a position of trust or authority to a person who is 16 or 17; or the young person is in a relationship of dependency ie financial dependence
What section is sexual assault? s.271
What section is sex asslt with a weapon, causing bodily harm, and with threats to cause bodily harm to a third party? s.272
What section is aggravated sex asslt? s.273
What is incest? Occurs when a person knowingly has intercourse with certain blood relatives; ie. parent; child, brother, sister, grandparent, grandchild.
What section is attempting to purchase or purchasing the sexual services <18 yrs? s.212(4)
What section is bestiality? s.160
What is voyeurism? s.162 when a person surreptitiously observes or makes a visual recording of a person who is circumstances that give rise to a reasonable expectation of privacy. ie porn videos without consent of the girl/guy knowing.
What constitutes an indecent act under s.173(1) committing an act that is sexually or morally objectionable in a public place where 2 or more ppl are or in any place with intent to insult or offend any person.
What section is public nudity? s.174 WERE GOING STREAKING!
What is corrupting children? s.172 doing nasty shit in front of kids appearing under 18 yrs.s.
What section is internet luring? s.172.1 setting up a meeting with an underage person. Accused must take all reasonable steps to ascertain their age.
Defences to Sexual Assault. 1. Identity- make sure you have good descriptors 2. She is lying!- thorough statements- be able to corroborate, physical evidence. 3. Alibi- accused wasn't there; alibi must be investigaed. 4. Consent (holy fuck its huge!)
CONSENT s.150.1(2) for a 12 and 13 year old. Less than 2 years older than the victim AND not in a pos'n of authority or dependent
CONSENT s. 150.1(2.1) for a 14 and 15 year old. Less than 5 years older than the complainant AND not in a pos'n of authority or in a relationship of dependence or married to the victim.
Anyone under 16 consent to sexual activity. T or F False s. 150.1(1) s.265 (3) removes this consent also when it applies to ALL assaults!
NO Consent and NO Defence for s.271, 272, 273 BAsically passed out, and an abuse of trust.
In terms of consent; what if the accused believes there was consent? s.265(4) says its a defense if: the belief is honestly held and it is reasonable in the circumstances. NO DEFENSE if: s.273.2 arises from: intoxication, wilful blindness; no reasonable steps taken.
Mistake of AGE is what? IF the accused believed the complainant was 16 or more/18 or more at the time of the offence UNLESS the accused took all reasonable steps to ascertain the age of the complainant. MUST take all reasonable steps to check age!
What types of warrants are there? Search warrant, DNA warrant, General Warrant, Production order, Feeney Warrant, CDSA Warrant.
A warrant consists of 2 documents; what are they? The information to obtain the warrant (ITO)The warrant itself
What is an ITO? Information to Obtain- This is a written document. It explains why a warrant is required, explain what you want to do and seeks permission to do it. The person who prepares it will swear the contents to be true and a jp or judge will review/approve.
What is a report to a justice? After warrant is executed; this paperwork is done to report what was taken , and what was done.
s.487 conventional search warrant needs what? RGTB – an offence took place, and something is located in a building, or place; and the item you want will afford evidence or is somehow connected to the offence.
What can be searched for under s.487 Conventional search warrant? Evidence relating to an offence, or whereabouts of a person suspected of having committed a crim offence. Computer data and terminals; offence related property.
Do warrants have to be done during the day? Yes, s.488 of the codes says that the search must be conducted by day unless there are reasonable grounds to execute the warrant at night. 0600-2100, night 2101-0559
With warrants…do you need authority to arrest a person? Yes, if you have a warrant to enter a dwelling house, you also need a separate warrant to arrest the person.
Arrest Entry Warrant s.529 authorizes what? allows an officer to seek the authority to arrest a person AND AT THE SAME TIME seek authorization to enter a dwelling house. Must believe that the suspect will be at the residence at those times indicated in the ITO.
What's a Feeney Warrant? s.529.1 allows police to obtain a separate and stand alone warrant to enter a dwelling house in order to make an arrest. Basically a warrant already exists. FORM 7.1
T or F. If you want to search for property and for a suspect you need two different warrants. True; you need a search warrant and an entry warrant.
What three things do you need to ensure you have RGTB item/person is in there (x), and is going to help your investigation? 1. OFFENCE- What offence the writer believes was committed and why. 2. ITEMS- What evidence or items will provide evidence of that offence or will reveal the whereabouts of a suspect and why 3. LOCATION- Where the writer believes the item is.

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