LAW 221 Criminal Law and Procedure. Section 3 Professor Joseph Weiler TOTAL MARKS: 100

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THIS EXAMINATION CONSISTS OF 8 PAGES PLEASE CHECK TO ENSURE THAT YOU

CHRISTMAS EXAMINATION - December 8, 2014 LAW 221 Criminal Law and

ALLOWED: One hour Plus 15 minutes reading time ************** NOTE: 1.

Students may bring to the examination room their own notes, the course

1 THIS EXAMINATION CONSISTS OF 8 PAGES PLEASE CHECK TO ENSURE THAT YOU HAVE ALL 8 PAGES THE UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW CHRISTMAS EXAMINATION - December 8, 2014 LAW 221 Criminal Law and Procedure Section 3 Professor Joseph Weiler TOTAL MARKS: 100 TIME ALLOWED: One hour Plus 15 minutes reading time ************** NOTE: 1. This is a modified open book examination. Students may bring to the examination room their own notes, the course syllabus, the Criminal Code and the Law 221 Course Pack 2. This exam consists of 2 required questions. Answer both questions.

LAW 221.003 Page 2/8 Peter lives in the Mountainside townhouse complex in the Grouse Woods neighbourhood of the District of North Vancouver, BC.

2 LAW Page 2/8 Peter lives in the Mountainside townhouse complex in the Grouse Woods neighbourhood of the District of North Vancouver, BC. Grouse Woods is located near the Grouse Mountain Skytram and the famous Grouse Grind trail, midway up Grouse Mountain. In the mountainside above Grouse Woods, there is nothing but wilderness until you get to the Grouse Mountain Resort at the top of Grouse Mountain. This stretch of wilderness above Grouse Woods is home to all kinds of wildlife, including bears and coyotes, and even the odd cougar is known to frequent this habitat. It is not unusual for these animals to enter the suburban neighourhoods below the heavily forested area where these wild creatures normally reside. This is particularly so for bears, who in the autumn, while preparing for their winter hibernation period, like to wander down into subdivisions like Grouse Woods to eat the un-harvested ripe tree fruit that abounds in these neighbourhoods, and even to forage into garbage cans if these are left outside by residents. The local newspaper (the North Shore News) regularly publishes stories about bears being spotted wandering around looking for food in residents backyards in both North Shore communities of North Vancouver and West Vancouver. Peter has a small back yard patio that runs off his kitchen/dining area at the rear of his home. Peter s townhouse is separated from the townhouse occupied by the family of his next-door neighbour Paul by a four-foot high chain link fence. Peter is known in the townhouse complex as Mr. Barbecue, because he frequently enjoys grilling juicy steaks or bison burgers on the barbecue located on his patio. Peter likes to put lots of barbecue sauce on his meat, so much so that his neighbours cannot help but smell the aroma wafting over from his property. Despite the fact that Peter barbecues all year round, and he means to get around to cleaning the top grill and the barrel of his barbecue, but he never does. As a result of his failure to clean the barbecue, bits of burnt meat and sauce literally coat the grill. One evening in late October, a black bear, that was attracted by the smell of the remains of Peter s evening meal that had been left behind on the barbecue grill, entered the Mountainside townhouse complex. The bear headed straight to Peter s townhouse patio. After inspecting the barbecue and having some good licks on the morsels left on the grill, the bear crashed through the chain link fence and wandered into Paul s townhouse through the open patio door leading to the kitchen area. Paul was in his kitchen cooking dinner for his family. He was startled by the bear, and he then cowered in fear as the bear backed him into a corner of the kitchen.

LAW 221.003 Page 3/8 Paul s daughter Mary, who is nine years old, could hear strange noises in the kitchen. She came around the corner and saw her father threatened by the bear.

3 LAW Page 3/8 Paul s daughter Mary, who is nine years old, could hear strange noises in the kitchen. She came around the corner and saw her father threatened by the bear. She then ran to the hail closet and dug out a shotgun that was stashed at the back of the closet, behind some old hockey sticks. Mary had first discovered the gun a few months ago when she was playing hide and seek with her younger brothers. Mary had never used a gun before, but she had seen lots of television programs where people had threatened other people with guns and she hoped that if she did the same movements that she could scare the bear away from her Dad and chase it out the open patio door. Mary brought the gun into the kitchen and waved it around, yelling Bad Bear, Bad Bear. Before her father can tell her to put the gun down, it discharged. The pellets from the shotgun did not actually hit the bear, but nevertheless the bear turned and left the kitchen through the open patio door. But several of the shotgun pellets hit Paul, who was seriously injured as a result. Peter told a North Vancouver RCMP police officer, who was called to the scene of the alleged offences, that it had never occurred to him that a dirty barbecue might attract a bear. Paul told the same attending North Vancouver RCMP police officer that he had no idea that Mary knew about the gun and that he was sure that the gun was not loaded. Answer both of the following questions. Assume for the purposes of your answer that the Crown can prove all the facts set out above. Question 1 is worth 60 marks and Question 2 is worth 40 marks.

QuestIon 1 has two parts, each of which relate to the two offences (whereby the Crown alleges that Mary is the child that has been exposed ) these 4 charges against Peter and Paul.

4 QuestIon 1 has two parts, each of which relate to the two offences (whereby the Crown alleges that Mary is the child that has been exposed ) these 4 charges against Peter and Paul. And 180(1) (a) by endangering the lives, safety or health of the public, (a) Committing a common nuisance in violation of Criminal Code s. (b) Criminal negligence causing bodily harm prohibited by s 221 of from the pellets of the shotgun) likelihood of success of the Crown with respect to gaining convictions for each of (iii) Provide your opinion and the legal reasoning supporting your opinion of the (i) Provide an analysis of what the Crown will need to prove in order to convict You are a junior lawyer in the office of the Crown Counsel in North Vancouver. You have been asked by Senior Crown Counsel to write a legal memorandum (b) Exposure of a Child, in contravention of s (b) of the Criminal Code Question 2 has two parts relating to the two offences identified below and (a) Careless storage of a firearm in contravention of s. 86. (1) the Criminal Code (whereby the Crown alleges that the bodily harm family of Paul ) The Crown has charged Peter with two offences under the Criminal Code (whereby the Crown alleges that the public in this case refers to the refers to the serious injuries suffered by Paul from the gunshot wounds The Crown has charged Paul with two offenses under the Criminal Code. clients and how the Crown should respond to these legal and factual arguments. (ii) Provide what you anticipate will be the arguments (both factual and legal) that identified below addressing the following three subjects: Peter and Paul of the above-noted four Criminal Code offences. defence counsel who represent Peter and Paul will likely make on behalf of their LAW Page 4/8

5 Write the Legal Memorandum Your opinion with respect to the two Criminal Code charges against Peter Your opinion with respect to the two Criminal Code charges against Paul is is worth 60 marks Question 1 Question 2 Reminder: worth 40 marks LAW Page 5/8

(a) endangers the lives, safety or health of the public, (a) endangers the lives, safety, health, property or comfort of the public; (a) in doing anything, 18O (1) Every one who commits a common

(1) Every one is criminally negligent who Definition Criminal Negligence include: Criminal negligence (b) causes physical injury to any person, (B) Relevant offence creating provisions of the

6 (a) endangers the lives, safety or health of the public, (a) endangers the lives, safety, health, property or comfort of the public; (a) in doing anything, 18O (1) Every one who commits a common nuisance and thereby term not exceeding two years (1) Every one is criminally negligent who Definition Criminal Negligence include: Criminal negligence (b) causes physical injury to any person, (B) Relevant offence creating provisions of the Criminal Code in relation to common to all the subjects of Her Majesty in Canada. or who does an unlawful act or fails to discharge a legal duty and thereby or the Offence of Common Nuisance include: Offence-Creating Sections and Other Relevant Code Provisions Common nuisance Appendix: For Ease of Reference Only: LAW Page 6/8 (A) Relevant offence-creating provisions in the Criminal Code in relation to is guilty of an indictable offence and liable to imprisonment for a (b) obstructs the public in the exercise or enjoyment of any right that is (2) For the purposes of this section, every one commits a common nuisance

Definition of duty (2) For the purposes of this section, duty means a duty and (C) Relevant offence-creating provisions of the Criminal Code in relation to (a) is guilty of an indictable offence and

In this Part, Abandonment or Exposure of a child are as follows: Abandoning child Causing bodily harm by criminal negligence imposed by law. 221.

7 Definition of duty (2) For the purposes of this section, duty means a duty and (C) Relevant offence-creating provisions of the Criminal Code in relation to (a) is guilty of an indictable offence and liable to imprisonment for a term not (a) a wilful omission to take charge of a child by a person who is under a legal 218. Every one who unlawfully abandons or exposes a child who is under 214. In this Part, Abandonment or Exposure of a child are as follows: Abandoning child Causing bodily harm by criminal negligence imposed by law Every one who by criminal negligence causes bodily harm to another persons. Definitions Interpretation imprisonment for a term not exceeding eighteen months. shows wanton or reckless disregard for the lives or safety of other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. the age of ten years, so that its life is or is likely to be endangered or its health exceeding five years; or (b) in omitting to do anything that it is his duty to do, is or is likely to be permanently injured, (b) is guilty of an offence punishable on summary conviction and liable to or abandon or expose includes duty to do so, LAW Page 7/8 risk without protection; (b) dealing with a child in a manner that is likely to leave that child exposed to

END OF EXAMINATION firearm means a barrelled weapon from which any shot, bullet or other weapon and anything that can be adapted for use as a firearm; weapon, a restricted weapon, a prohibited device

8 END OF EXAMINATION firearm means a barrelled weapon from which any shot, bullet or other weapon and anything that can be adapted for use as a firearm; weapon, a restricted weapon, a prohibited device or any ammunition or precautions for the safety of other persons. projectile can be discharged and that is capable of causing serious bodily injury or death to a person, and includes any frame or receiver of such a barrelled 86. (1) Every person commits an offence who, without lawful excuse, uses, prohibited ammunition in a careless manner or without reasonable carries, handles, ships, transports or stores a firearm, a prohibited s. 2 Definitions: Storage of Firearms include: Careless use of firearm, etc. LAW Page 8/8 (D) Relevant offence-creating provisions of the Criminal Code in relation to

LAW 525 CANADIAN CRIMINAL LAW AND PROCEDURE. Section 1 Professor Russo TOTAL MARKS: 100

LAW 525 CANADIAN CRIMINAL LAW AND PROCEDURE. Section 1 Professor Russo TOTAL MARKS: 100 LAW 525, Section 1 PAGE 1/6 Write Your Exam Code Here: Return this exam question paper to your invigilator at the end of the exam before you leave the classroom. THIS EXAMINATION CONSISTS OF SIX (6) PAGES