Criminal Justice System EXAM REVIEW April 7th/2015
Multiple choice – 20q
T or F – 32q
Long answer 3q (16 marks each)
Long answer questions:
Q1 list 2 defenses and describe their elements. Discuss defenses from this course. Cover evidentiary issues. Discuss who has to prove what and what standard applies to the elements (ie subjective objective test)
Q2 read follow fact scenario and discuss charter issues that might be in the case. Lawful arrest, lawful detention, right to council, right to silence, search and seizure, reasonable expectation of privacy in (hotel room or home) Flag potential issues. (About cheech and chong trafficking weed) focus solely on charter issues. Apply case law to this. Police power come from common law for most part. Name case it came from. Identify police power if it’s common law. Onuses to prove on stuff either by crown or defense???
Q3 outline mens rea and actus rea elements of sexual assault and discuss meaning of them. When did the court overturn decision r v Ewanchuk and why? Elements of sexual assault. What’s the ratio in R v. Ewanchuk?
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