230

Question 1

The Ladder Principle/Antic Ladder (The Rungs)

Answer 1

First: release with no conditions
Second: release order
Third: surety
Fourth: cash
Fifth: detention

Question 2

Which Facts are Looked at When Determining Bail

Answer 2

1.) Nature of the offence
2.) Criminal record
3.) Risk to the community
4.) Case law

Question 3

Primary Grounds for Detention

Answer 3

Attendance/Flight Risk

Question 4

Secondary Grounds for Detention

Answer 4

Public Protection

Question 5

Tertiary Grounds for Detention

Answer 5

Maintain confidence/positive image of the CJS

Question 6

Bail Hearing Rule 1

Answer 6

Time: accussed is entitled to a bail hearing within 24 hours of arrest

Question 7

Bail Hearing Rule 2

Answer 7

Evidence: strict rules of evidence don’t apply; any evidence that is trustworthy is credible

Question 8

Bail Hearing Rule 3

Answer 8

Onus: who bears the burden of proof in the bail hearing

Question 9

Reverse Onus

Answer 9

When the accused is automatically detained, the defence must prove why they should be on a lower rung

Question 10

Reverse Onus Situations

Answer 10

Repeat violent offending and breach of conditions on probation

Question 11

Burden of Proof in Bail Hearings

Answer 11

Balance of probabilities

Question 12

Crown’s Turn in the Bail Hearing

Answer 12

Crown goes first:
1.) Intro
2.) State position
3.) Onus
4.) Outline relevant facts
5.) Enter exhibits
6.) Additional info
7.) Arguement

Question 13

Defence’s Turn in the Bail Hearing

Answer 13

Defence goes second:
1.) Intro
2.) State position
3.) Confirm onus
4.) Context to facts and exhibits
5.) Additional info
6.) Arguement

Question 14

Entering Exhibits (Crown Bail Hearing)

Answer 14

Showing the judge what the crime looked like (e.g., criminal record, bail documents, pictures, videos, and 911 calls)

Question 15

Providing Additional Info (Crown Bail Hearing)

Answer 15

e.g., inputs from police or probation officers and any credible info available

Question 16

Making Your Argument (Crown Bail Hearing)

Answer 16

1.) Why you took your position
2.) Draw in facts
3.) Explain why lower rungs aren’t possible

Question 17

Presumption of Innocence Defence

Answer 17

Undermine the credibility of the crown’s evidence to create a reasonable doubt

Question 18

Non-Cooperation of Witnesses Defence

Answer 18

Defence cannot interfere with witnesses, so just hope that the witness recants their statement or doesn’t show up

Question 19

Witness Warrant

Answer 19

If the witness was subpoenaed and didn’t show up, the judge can issue an arrest warrant to bring them to the courtroom

Question 20

Evidence Act (witnesses)

Answer 20

The crown can apply to cross-examine their own witness if the witness is being hostile and not giving their evidence

Question 21

Alibi Defence

Answer 21

A statement saying you were elsewhere during the time of the offence (defence must give sufficient notice to the Crown in order to call an alibi)

Question 22

Officially Induced Error Defence

Answer 22

If the accused was giving wrong info in good faith by an appropriate government official, then ignorance of the law is acceptable

Question 23

Innocent Possession Defence

Answer 23

Possessing stolen or illegal material for lawful purposes. Must be planning on destroying it or delivering it to authorities - lacking mens rea of possession

Question 24

Necessity Defence

Answer 24

Forced to engage in illegal activities to stop something worse from happening

Question 25

Elements for the Necessity Defence

Answer 25

1.) Imminent danger 2.) No reasonable legal alternative 3.) Harm inflicted must be proportional

Question 26

Duress Defence

Answer 26

Committing a crime under immediate threat

Question 27

Elements for the Duress Defence

Answer 27

1.) Threat of bodily harm 2.) Believed the threat would be carried out 3.) Can't be a party to a criminal association 4.) No safe avenue for escape 5.) Proportionality

Question 28

Elements of Self-Defence and Defence of Others

Answer 28

s. 34: Not guilty if: 1.) They believe force is being used against them or another person 2.) The act was committed with the intention of defending 3.) Act was reasonable in the circumstances

Question 29

Elements of a Reasonable Response (self-defence and defence of others)

Answer 29

1.) Nature of the threat 2.) Extent to which force was imminent 3.) Use of a weapon 4.) Size, age, gender, and physical capabilities of the attacker 5.) History between the attacker and defender

Question 30

Elements of Defence of Property

Answer 30

They believe that a person: 1.) is about to enter or has entered the property 2.) is about to take property or has 3.) is about to damage property or is doing so

Question 31

What can you legally do to defend your Property

Answer 31

Any act committed must be reasonable in the circumstances​: 1.) Prevent them from entering the property or remove them 2.) Prevent them from taking, damaging or destroying property

Question 32

Automatism Defence

Answer 32

Non-insane automatism: Acted involuntarily due to mental impairment (no mens rea)

Question 33

Provocation Defence

Answer 33

Not a defence, but a mitigating factor (homicide can be reduced to manslaughter). The heat of passion caused by provocation

Question 34

Entrapment Defence

Answer 34

The police lead a person to commit a crime without the person ever intending to commit that crime

Question 35

Air of Reality Test

Answer 35

Is there some evidence that could reasonably point to the accused (required for the crown to even have a case)