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

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1 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 (INCLUDING THIS PAGE) PLEASE ENSURE THAT YOU HAVE A COMPLETE PAPER THE UNIVERSITY OF BRITISH COLUMBIA FACULTY OF LAW FINAL EXAMINATION DECEMBER 2017 LAW 525 CANADIAN CRIMINAL LAW AND PROCEDURE Section 1 Professor Russo TOTAL MARKS: 100 TIME ALLOWED: THREE (3) HOURS AND FIFTEEN (15) MINUTES ******************* NOTES: 1. This is an open book examination. Candidates may have with them any hard-copy written material they wish. Laptops are only permitted for the use of ExamSoft. 2. Use of communication devices such as mobile phones, tablets, smartwatches, etc. are not permitted. Candidates should ensure that their phones are turned off. 3. Read the questions carefully and understand what you are being asked to do before you begin your answer. THIS EXAMINATION CONSISTS OF TWO (2) PARTS ANSWER ALL THREE (3) QUESTIONS IN PART I FACT PATTERN CHOOSE TWO (2) OF FOUR (4) QUESTIONS IN PART Il SHORT ANSWER

2 LAW 525, Section 1 PAGE 2/6 PART I - 70 MARKS One early morning Gabriel was at a Coffee Shop on East Hastings in Vancouver having a coffee. Harry came into the coffee shop and sat down next to Gabriel. They were the only two individuals in that part of the coffee shop. After a short period of time Harry withdrew a knife from the sleeve of his hoodie, lunged over Gabriel and stabbed him in the chest area. Harry then went back to his seat next to Gabriel. This was captured on CCTVvideo in the café. Gabriel got to his feet and managed to walk to the front of the coffee shop where staff gave assistance and called police. Harry didn t try to escape. He was friendly with the staff, telling one of them that he was going outside briefly only to have a cigarette. Police arrived within a few minutes to find Harry standing outside, smoking. Some officers gave Gabriel emergency assistance until an ambulance arrived and took him to a nearby hospital. One officer arrested Harry. The arresting officer noticed that Harry appeared to be confused and that Harry was making some strange statements: Why isn t he dead? That guy isn t dead. I stabbed him in the heart. I m not sorry, I wanted to kill him. I m a loser, I want my meds. I want to go back to the hospital. Harry was taken for booking to the police station. Gabriel was not killed despite being stabbed very close to his heart. After a short hospital stay he was discharged and returned to his mother s house, where he lives. Gabriel is an unemployed 32 year old Aboriginal male, with a history of being involved with gangs in the drug trade in his neighborhood. He has a lengthy criminal record for drug trafficking although he s never been charged for any other crimes. Gabriel had been at the coffee shop where he was stabbed to meet a friend. He learned that the friend s son had been wounded by a gunshot when that young man

3 LAW 525, Section 1 PAGE 3/6 answered the door of his father s house. His friend, who was also involved in the drug trade, told Gabriel that he thought it was a targeted attack. Around that time Gabriel started to hear other rumours that two other people in his neighbourhood, also involved in the drug trade, were going to take care of him once and for all. After these threats and the stabbing Gabriel began to get very nervous about his safety. He didn t know if the stabbing was connected to any threats against him. About a week later two RCMP officers from the Major Crime Unit came to Gabriel s house. The officers told him they had heard rumours that Gabriel was hanging out with old gang friends, that he was back in the drug business and that he might be in danger. Gabriel told the police that he was not involved at that time in any illegal activities pertaining to the drug trade. The police didn t give him any further details about what kind of danger he might be in or who was making these threats. Gabriel felt very nervous and was unsure about how much danger he might be in. He was living with his mother and told her not to answer the door for any strangers. He was concerned about his safety and his mother s, especially her mental state. His mother is a residential school survivor undergoing counselling. A few days later Gabriel started receiving text messages from a man he knew was a drug dealer. The texts said: Your days are numbered and I ll come to your mother s house. The next day he bought a.38 special handgun, holster, and a box of ammunition from a street dealer. About a week later, police received an anonymous 911 call, saying that they saw someone at a gas station convenience store wearing a black leather jacket, and a holster with a gun in it. Police quickly responded to the call, arriving at the gas station and saw the man matching the description in the parking lot. It was Gabriel. Police approached Gabriel and he told the police he was wearing a loaded gun for protection from threats to his life. After a quick pat-down search they found the gun and arrested Gabriel. He is charged with unauthorized possession of a prohibited firearm. Gabriel insists that he bought the gun only for self-defence.

4 LAW 525, Section 1 PAGE 4/6 ANSWER ALL THREE (3) QUESTIONS [NOTE: For the following questions assume that you assigned as Crown counsel] 1. Harry is charged with attempted murder. Can the Crown establish a prima facie case against Harry for this offence? [see below for Attempted Murder provision] Attempt to commit murder 239 (1) Every person who attempts by any means to commit murder is guilty of an indictable offence 2. Gabriel s lawyer is arguing that his client only had a gun for self-defence. Outline the Crown s argument that the defence of self-defence is not available in this case. 3. Assume that Gabriel is found guilty of Possession of an Unauthorized Firearm. What would you as the Crown recommend as an appropriate sentence? [see below for Possession of unauthorized firearm Punishment provision] Possession of firearm knowing its possession is unauthorized Punishment 92 (3) Every person who commits an offence under subsection (1) or (2)is guilty of an indictable offence and liable (a) in the case of a first offence, to imprisonment for a term not exceeding ten years; (b) in the case of a second offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of one year; and (c) in the case of a third or subsequent offence, to imprisonment for a term not exceeding ten years and to a minimum punishment of imprisonment for a term of two years less a day.

5 LAW 525, Section 1 PAGE 5/6 PART II- 30 MARKS TOTAL (15 MARKS PER QUESTION) Answer any two (2) of the following four (4) questions 1. Explain the actus reus and mens rea, if any, for the following offence in section 15(1) of the Food Safety Act, SBC 2002, ch 28. (Section 15 is cross-referenced with sections 1,2, 3 & 16 set out below.) Section 15: Offences Section 15 (1) - A person who contravenes section 3 [of this Act] commits an offence. Section 1: Definitions operator means a manager, an owner or a lessee of a food establishment; Section 2: Responsibility for safe food An operator is responsible for ensuring that the food in his or her food establishment is safe for human consumption. Section 3: No sale of contaminated food An operator must not sell or distribute to a person any item of food that is contaminated or otherwise unfit for human consumption. Section 16: Offence penalties Section 16(1) - An individual who commits an offence under this Act is liable to, (a) on a first conviction, a fine of not more than $ for each day or part of a day on which the offence occurs or continues, (b) on each subsequent conviction, a fine of not more than $ for each day or part of a day on which the offence occurs or continues, (c) imprisonment for not more than 6 months, or (d) both the fine mentioned in paragraph (a) or (b) and the imprisonment mentioned in paragraph (c).

6 outline the steps of the test. Give an example of when you think the test would not be met. your answer, you may want to consider the offender, some policy issues and outline the concepts. 3. Explain the concepts of presumption of innocence and standard of proof case law as well as the appropriate sentence. an example of when a restorative justice approach may be appropriate. In 2. Outline the Gladue factors in sentencing certain types of offenders and give in criminal law. In your explanation, you may want to refer to case law to help PART II (CONTINUED) 4. Explain the purpose of the test outlined in R v Oakes ( Oakes Test ) and LAW 525, Section 1 PAGE 6/6