FRSC 2100 QUIZ REVIEW QUESTIONS AND ANSWERS WITH
COMPLETE SOLUTIONS VERIFIED LATEST UPDATE
R. v. Brooks (1988)
The case of the driver who goes too far:
- JM driving motor home, MB driving Jeep on the same road with his girlfriend
- JM slowed down to cross railroads, switched high beams back on after MB was a safe
distance away
- MB stops in lane, gets in JM's way, drives aggressively, stops on a painted meridian,
and pulls JM out of the motorhome
- Both JM and MB get hit by a third car traveling the other direction
Charges: dangerous operation of a motor vehicle, assault cause bodily harm, hybrid
offence => proceed by either summary (two years less a day) or indictment (up to 10
years)
- objective foreseeability of bodily harm not required (only need to prove the bodily
harm)
- appeal dismissed
Parties
State (represented by the Crown) and the Defendent
Role of police
investigate and charge, maintain peace
,Role of Crown
prove every element of the offence beyond a reasonable doubt
Role of Defense counsel
Raise doubt with some evidence
Role of Judge
everything to do with law and where it applies (trier or law), instruct the jury on law, trier
of both law and fact where there is no jury
Role of Jury
trier of fact
Offences
Created by legislation/statues, elements of an offence are the actus reus and mens rea
Defences
Developed by both legislation and case law/common law
Criminal Code
An Act respecting the criminal law that governs offences across Canada
- contains criminal offences and some criminal defences
- describes various procedures (show cause, trial, sentencing, search and seziure etc.)
Bodily Harm
Any hurt to a person that interferes with the health of comfort of the person and is not
transient or trifling in nature
Complainant
The victim of an alleged offence
Count
, A charge in an information or indictment
Day
6am - 9pm (important for things such as executing a search warrant
Dwelling-house
The whole or any part of a building that is kept/occupied as a temporary/permanent
residence and includes:
- ... (non-exhuastive definition)
Highway
Road the public has access to, includes bridges or tunnels (exhaustive definition)
Mental disorder
Disease of the mind
Motor vehicle
Vehicle drawn or propelled or driven by any means other than muscle power; not
including railway equipment
Offender
Determined guilty by a court by a plea or finding (only AFTER conviction)
Weapon
Any thing used, designed to be used, or intended for use
a) in causing death/injury to a person; or
b) for the purpose of threatening or intimidating any person
Legal Presumption
Language in the code that can be used to make assumptions about evidence e.g. "shall
be deemed"
COMPLETE SOLUTIONS VERIFIED LATEST UPDATE
R. v. Brooks (1988)
The case of the driver who goes too far:
- JM driving motor home, MB driving Jeep on the same road with his girlfriend
- JM slowed down to cross railroads, switched high beams back on after MB was a safe
distance away
- MB stops in lane, gets in JM's way, drives aggressively, stops on a painted meridian,
and pulls JM out of the motorhome
- Both JM and MB get hit by a third car traveling the other direction
Charges: dangerous operation of a motor vehicle, assault cause bodily harm, hybrid
offence => proceed by either summary (two years less a day) or indictment (up to 10
years)
- objective foreseeability of bodily harm not required (only need to prove the bodily
harm)
- appeal dismissed
Parties
State (represented by the Crown) and the Defendent
Role of police
investigate and charge, maintain peace
,Role of Crown
prove every element of the offence beyond a reasonable doubt
Role of Defense counsel
Raise doubt with some evidence
Role of Judge
everything to do with law and where it applies (trier or law), instruct the jury on law, trier
of both law and fact where there is no jury
Role of Jury
trier of fact
Offences
Created by legislation/statues, elements of an offence are the actus reus and mens rea
Defences
Developed by both legislation and case law/common law
Criminal Code
An Act respecting the criminal law that governs offences across Canada
- contains criminal offences and some criminal defences
- describes various procedures (show cause, trial, sentencing, search and seziure etc.)
Bodily Harm
Any hurt to a person that interferes with the health of comfort of the person and is not
transient or trifling in nature
Complainant
The victim of an alleged offence
Count
, A charge in an information or indictment
Day
6am - 9pm (important for things such as executing a search warrant
Dwelling-house
The whole or any part of a building that is kept/occupied as a temporary/permanent
residence and includes:
- ... (non-exhuastive definition)
Highway
Road the public has access to, includes bridges or tunnels (exhaustive definition)
Mental disorder
Disease of the mind
Motor vehicle
Vehicle drawn or propelled or driven by any means other than muscle power; not
including railway equipment
Offender
Determined guilty by a court by a plea or finding (only AFTER conviction)
Weapon
Any thing used, designed to be used, or intended for use
a) in causing death/injury to a person; or
b) for the purpose of threatening or intimidating any person
Legal Presumption
Language in the code that can be used to make assumptions about evidence e.g. "shall
be deemed"
