Contemporary Legal Studies LAWS 1010 Test THREE Information And Review Joshua Barath

Test ONE Format Test # 3: August 17, % Test Outline - 2 Hours in Class Test Outline Part IMatching Terms/Concepts (10 Marks) Part II Short Answer (10 Marks) Part IIIParties to an Offence Case Study (20 Marks)

Lesson Objectives Legal Defenses Ignorance or Mistake of Law Mistake of Fact Necessity Consent Self-Defense Duress / Compulsion Entrapment

Legal Defences Ignorance or Mistake of Law S 19 CC Mistake of Fact Ignorance of the existence of law or its meaning Ignorance of the scope of the law Ignorance to the application of the law Defense that prevents an accused from forming the proper mens rea for the crime Requires the mistake to be an honest one

Legal Defences Necessity Section 8(3) Consent Duress / Compulsion by Threat S 17 Compulsion by Spouse s18 Entrapment Section 8(3) 3 Elements to defence of necessity No Consent Application of Force Threat or Fear of Force Fraud Exercise of Authority 6 Elements that must be fulfilled 4 Elements to defence of necessity Self Defence Person was first unlawfully assaultedPerson did not provoke the assaultPerson did not intend to causedeath/serious bodily harmProportionality of force used

Lesson Objectives Participants to a Crime Parties to an Offence Aiding, & Abetting Accessory After the Fact Counseling Conspiracy

Parties to an Offence Participants to a Crime 21. (1) Every one is a party to an offence who Aiding Abetting Principal Actus Reus Mens Rea Aider Abettor (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; or (c) abets any person in committing it Actus Reus

Parties to an Offence Accessory After the Fact s 23 (1) Counselling Offence s 22 Conspiracy 21(2) Actus Reus Mens Rea Agreement between Two (2) or more persons With an intention to commit an offence Or achieve an unlawful objective by commission of an offence An accessory after the fact to an offence is one who, knowing that a person has been a party to the offence, receives, comforts, or assists that person for the purpose of enabling that person to escape Actus ReusMens Rea “Counsel” includes: procure – to bring about or cause, obtain or acquire solicit – to influence or entice incite – to urge to action

Canadian Charter of Rights and Freedoms Constitutional Supremacy Guaranteed Freedoms Impact on Law Enforcement Charter Violations

Canadian Charter of Rights and Freedoms Constitutional Supremacy Impact on Law enforcement Charter Violations Remedies Doctrine of Power Accused must prove that the right in question was violated by operation of law or by government action Contravention No Force and Effect Police Actions and Infringement of the Charter Stay of Proceedings Exclusion of Evidence Law Declared Unconstitutional