Case Study

Criminal Law Assignment

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1. A home invasion is illegally entering a private residence. Crimes usually associated with Home Invasions include: Robbery, Breaking and Entering, Theft, in some cases if you hurt a person in the home Assault, and Trespassing.

2. Assault while using a weapon and Robbery while using a firearm are more serious than Robbery and assault for a few reasons. First, just basic robbery means you stole goods or property of victim. In contrast, Robbery while using a firearm means that you stole goods of victim, and you threatened their safety with a weapon. In addition, Assault using a weapon is more serious then assault, although they both fall under level one of assault, when you have a weapon it is classified as either restricted or prohibited, and using any of these types of weapons carries a similar crime. Further you are endangering the life of others when using a prohibited/restricted weapon.

3. I believe that the court substituted the serious charges, with the less serious charges because Bernier was missing one key aspect. Bernier did not have the knowledge that a weapon would be use, nor did Bernier himself directly use a weapon. As a result he cannot be charged with said weaponry offences.

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5. A) the accused killed her child shortly after childbirth

The accused will be charged with Murder or infanticide. Both of these are considered homicide, and both of these require the person to be culpable, in other words deserving of blame. If the mother was going through depression and has not recovered from the effects of child birth, and her defense can prove that, she will be sentenced to infanticide (maximum 5 years imprisonment.) Otherwise she will be charged with First Degree Murder, as her actions were intentional. This is an indictable offence, and her maximum penalty would be Life Imprisonment. Also, in both cases the Mens Rea would have to be proved, as we all know the Actus Reus was.

B) The Accused...