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Question

Answered

1.What is the fundamental principle of sentencing for criminal offences? Does this principle apply to summary conviction offences

2.How does the defence of mistaken belief in consent operate in a trial for sexual assault, contrary to section 271 of the Criminal Code?

3.What considerations might the prosecutor take into account in deciding to elect to proceed by summary conviction instead of by indictment in a case of assault of a child?

4.Should a legal services provider argue their own appeal following the trial? What considerations should be taken into account in making this decision?

5.What is an example of a term or condition of probation that the Court should impose against a defendant who is convicted of causing a disturbance?

Part 4 – Long Answer
Answer the following 2 questions in the space provided. Use short sentences. Each question = 5 marks. Total: 10 marks.

1.Antonio and Prada have been married for 10 years and have a 7-year old child. Unfortunately, they have started arguing more with each other due to the stress of parenting and each having full time jobs. They can hardly pay the bills that come in. Antonio has started drinking. He has also been smoking marijuana. Prada has lost her temper more than usual. A neighbor heard some yelling one evening and decided to call the police. When the police arrived, they found Prada with a cut on her cheek and a swollen eye. Antonio apologized to the police and admitted he struck her. There was an obvious odour of alcohol on his breath. He was obviously drunk. There were also some scratches on Antonio from being struck by Prada. Their child was awake and watched the argument and fight. The police took a statement from the child as well. The police charged Antonio with assault. The Crown has elected to proceed by summary conviction. Before the matter could be set down for trial, Antonio enters a guilty plea. He agrees to attend a partner abuse counselling program which he successfully completes. He has a previous criminal record for impaired driving and driving while prohibited. Prada wishes to resume living with Antonio. She provides a victim impact statement which indicates he has difficulty with his temper, especially when he is drinking. She is not otherwise afraid of him and wants to resume living with him so they can continue to raise their child together. You are the judge hearing this case. Indicate what sentence you would impose on Antonio, and the reasons for your decision.

2.As part of its ongoing proposed reform of the Criminal Code, the federal government is examining the types of defences that can be raised for sexual assault crimes. In particular, the government is considering abolishing or severely limiting the manner in which intoxication by alcohol or drug consumption can be raised as a defence for the offence of sexual assault. Set out clearly your position on this policy proposal, and what recommendation you would make.





PRLG5202 Criminal Law

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You are a legal advisor working with the Crown counsel or working with defence counsel to allthe five accused of murdering Kurt Bacon. You choose. One side or the other.Your Case Brief has two parts:For the first part of your brief, prepare an outline of your side’s case. For your outline answ ...

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Question: 1.Husband left client 8 months ago.   2.About six months before he left her around June 2019, husband began drinking to excess.  He would often come home drunk and would continue drinking.  He would sometimes come home and then go out and not return until the early hours ...

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Criminological Literature review of the research question " content analysis of rap music and the influence on adolescents " - talk about on the prominence of some musical forms ( rap music / uk grime / uk drilla music ) influencing and being adopted by 'gang involved' and other adolescents and theo ...

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