You have to answer FIVE questions, question #1 is compulsory. For the scenarios, you will have to analyze the facts of the case in light of the definitional terms of the offence provided in the case. Both the facts and the law are hypothetical, but the cases take place in Canada where Canadian Criminal Law theory applies. Make sure that you don’t make up or infer facts from the case. If there is not enough information about a fact in the case, say so. Use the suggested chart to analyze the scenarios. This take-home exam evaluates your ability to apply the theories, methods, and principles that we discussed. Thus, you have to apply the law as we discussed, even if that is a simplification of the existing Canadian law. For example, if we discussed a certain rule with no exceptions, then you have to apply that rule as seen in class, even if there is an exception to that rule in Canada. Please note that everything we discussed during the live sessions is included in the notes and slides posted. Clarity and precision are essential. you do not need to answer in essay format. Bullet points, charts, and conceptual maps are accepted. If you answer in essay format, please make sure that you precede every argument or idea by its corresponding heading. In all your answers, you must refer only to sources (topics, theories, elements, examples, readings, cases, etc.) that we discussed in class (or that are in the class notes and slides if you missed class). No outside sources may be referred to or included in your answers.
Section A: Required (20%)
Analyze each element of the definitional terms of the following offences. In your analysis, include, where appropriate, all the relevant issues discussed and practiced in class (or slides and notes). Please organize your answer in a chart format.
If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of an offence
Every one commits an offence who gives or offers to give a bribe to any judicial officer, juror, referee, arbitrator, or umpire, or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence his/her vote, opinion, or decision upon any matter or question which is or may be brought before him/her for decision.
Every one commits an offence who intentionally mingles any harmful substance or matter with any food, drink or medicine with intent that the same shall be taken by any human being to his/her injury.
Section B: Choose FOUR questions (20% each)
Make-up an offence, i.e., one that does not exist in the Canadian Criminal Code or any other penal code. Write the definitional terms of the offence, which must fulfill all of the following conditions:
The offence respects the principles of Criminal Law, i.e., it is a valid offence.
There is a single voluntary act.
The actus reus may not be committed by omission.
Social harm is definitional.
Social harm is expressed as a wrongful result and as wrongful conduct. It also contains, at least, two attendant circumstances.
Mens rea is subjective.
Mens rea is not general intent.
Mens rea is dual.
There is perfect symmetry between mens rea and every material element of the offence.
Analyze the following scenario to determine if Fred committed the crime of attempted robbery.
Fred wants to steal money from his boss’s safety box. Fred buys dynamite to blow the safety box. He hides the dynamite in his garage together with a blueprint of his boss’ office. He plans to use it when his boss goes on vacation the following week. A police officer finds out the dynamite and the blueprint in Fred’s garage and arrests him for attempted robbery. Robbery is defined as: “intentionally stealing and (a) intentionally using violence or (b) intentionally being armed with an offensive weapon
Explain the following quote. Give specific examples to illustrate your explanation. If you disagree with some aspects, please say so.
Typically, individuals are responsible for their own acts, including the crimes they commit and the harms they cause. Under an extended liability theory, individuals who do not actually commit the crime may be held equally responsible for the crimes committed by another.
Analyze the following scenario.
Fred tells Barney that their neighbour, Dino, will be away for a long week-end. Fred and Barney agree to rob Dino’s house. Barney then changes his mind. Fred goes to Dino’s house alone. Fred takes $10000, a laptop computer, and a smartphone from Dino’s house. Barney hears Fred coming out their neighbour’s house and calls the police, who arrest Fred before he gets back home. Robbery is defined as: “intentionally stealing and (a) intentionally using violence or (b) intentionally being armed with an offensive weapon.”
Analyze if Fred committed attempted assault as defined in the scenario.
Fred decides to beat up his next-door neighbour, Barney. So, he decides to buy a baseball bat to hit Barney. He gets the baseball bat and goes out toward Barney’s house, determined to beat him up. Fred sees a police car and decides not to go ahead with his plan. Assault is defined as “recklessly or negligently applying force against another person without that person’s consent.”
Suggested format for the analysis of the definitional terms of the offence (question 1)
Definitional terms Analysis
Write the definitional terms of the offence in the next column.
In the next column, identify the voluntary act as included in the definitional terms.
In the next column, identify causation as included in the definitional terms.
In the next column, identify the social harm as included in the definitional terms.
In the next column, identify the mens rea as included in the definitional terms.
In the next column, write other comments, if any, that you want to add.
Suggested format for question 2
Write the offence here. You don’t need to explain anything. Simply, write an offence that complies with the stated conditions.
Suggested format for the analysis of the scenarios (questions 3, 5, and 6)
Definitional terms Conduct
(concurrence between facts and definitional terms)
Transcribe the definitional terms of the offence.
Transcribe the conduct.
Identify the voluntary act as included in the definitional terms.
Identify the voluntary act as appears in the conduct.
Identify causation as included in the definitional terms.
Identify causation both factual and legal as appear in the conduct.
Identify the social harm as included in the definitional terms.
Identify the social harm as appears in the conduct.
Identify the mens rea as included in the definitional terms.
Identify the mental state of the perpetrator as appears in the conduct.
Determine whether there is a crime or not
Include other comments if needed or as required by the question, e.g., evidentiary approach for question 5.
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