Hi im trying to exam prep and i cant seem to get these answers, thanks!

2. Which of the following isNOTa required element of the offence of Possession (for example, of drugs, of firearms or of stolen property)? a. Desire to possess them

b. knowledge of the qualities of the item (i.e., that it is stolen, or that it is a drug)

c. Exercising control over the item

3. InR. v. Cuerrier, the Supreme Court of Canada considered s. 265(3)(c) of theCriminal Codein the context of a sexual assault case. Specifically, the Supreme Court reviewed the circumstances where fraud could vitiate consent (make the consent invalid). Which type of fraud was recognized for the first time inCuerrier? a. Fraud as to the nature of the sexual act

b. Fraud as to the perpetrator's identity

c. Failure to disclose that the perpetrator is infected with a serious sexually transmitted disease

d. All of the above

e. Two of the above

f. None of the above

5. What is the "de minimus" defence? Does it exist in Ontario? Please refer to at least one case that discusses the issue.

8. InR. v. Mabior(2012), the Supreme Court of Canada clarified what the threshold is for when an individual must disclose the existence of a sexually transmitted disease or condition to his or her sexual partner. As a result ofMabior, the disease or condition must be disclosed, and failure to disclose vitiates consent, when (please choose the most accurate option):

a. there is any possibility of transmitting the condition

b. there is a probability of causing serious bodily harm

c. there is a significant risk of causing serious bodily harm

d. there is any possibility of causing serious bodily har

e. there is a near certainty of causing serious bodily harm

10. Joe sits at his computer and accesses a website that shows child sex abuse imagery ("child pornography"). The still and video images available on this website satisfy theCriminal Codedefinition of child pornography. Joe does not download any of the images onto his hard drive, but merely looks at them on his computer screen. Is Joe legally inpossessionof child pornography in this scenario? [Note: you are NOT being asked if he is guilty ofaccessingchild pornography.] If not, can you think of any scenario where a person could be in possession of an image that is not on one's hard drive but is on the Internet? In answering this question, please describe the distinction between "personal possession" and "constructive possession", and refer to the case that decided the issue conclusively.

12. The police conduct surveillance in the Byward Market in Ottawa, by installing hidden cameras at various locations and filming transactions between sex trade workers and their prospective clients. They let the cameras run for a year and then do a sweep where they make a number of arrests. On February 10, 2019, the cameras caught Chris make a deal with a client for a sexual transaction. The police charged Chris on October 20, 2019 with Communicating for the Purposes of Prostitution, a summary conviction offence. Can the Crown proceed with this prosecution? State why or why not. Would your answer be different if the dates were in 2022, not 2019? Why or why not?

13. Jane is charged in Ottawa with Robbery, an indictable offence contrary to section 344 that carries a maximum penalty of life in jail. She is pleading Not Guilty and wants to go to trial. When setting a trial date, the court clerk asks her what her "election" is (as to mode of trial). Which of the following is one of the options open to Jane? a. a trial in the Ontario Court of Appeal

b. a jury trial in the Superior Court of Justice, preceded (if she wants) by a preliminary inquiry in the Ontario Court of Justice.

c. jane has no choice. Her "election" refers to her choice of lawyer.

d. a trial in the house of lords

17. Which of the following ismosttrue? a. the "Information" is the charge document that applies to summary conviction offences, while the "Indictment" is the charge document that applies to indictable charges b. the "Information" is the charge document that is used in provincial and territorial courts, while the "Indictment" is the charge document that is used in the Superior or Supreme Court of the province or territory

18. Jane is convicted of anindictableoffence after being tried in the Ontario Court of Justice. She wishes to appeal her conviction. To what court does she appeal?

19. Can a person who is in possession of contraband (drugs, weapons, stolen property, child pornography, etc.) be acquitted on the basis of "innocent possession"? If so, what might amount to "innocent possession"? If not, why not? Name one appellate decision that supports your answer.