Free NCA Canadian Criminal Law Practice Questions

Sample Practice Questions

Try these 10 sample questions from the NCA Canadian Criminal Law practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1A court considers creating a new common-law offence for conduct that falls outside existing statutes. Which principle controls?

   1. A.Courts may create offences whenever the conduct causes serious harm.
   2. B.Courts cannot create new common-law offences; contempt remains an exception.Correct answer: B
   3. C.Courts may create offences if the proposed penalty is only a fine.
   4. D.Courts must obtain provincial approval before creating an offence.

   Explanation: The syllabus states: "With the exception of contempt of court, criminal offences are created in Canada by statute." The legality principle requires statutory creation, subject to contempt; seriousness, penalty and provincial approval do not confer a judicial lawmaking power.

   Reference: NCA Canadian Criminal Law syllabus — p. 3, 1

2. 2An offence requires entry into a defined kind of place. The Crown proves suspicious intentions but fails to prove that the location meets the statutory condition. What is the consequence?

   1. A.Intent supplies the missing physical condition.
   2. B.The actus reus has not been fully established.Correct answer: B
   3. C.The court may substitute any similar location.
   4. D.The accused must prove the location was excluded.

   Explanation: The syllabus states: "the act must be committed under the circumstances or conditions specified in the offence." Required circumstances are physical elements. Intent, analogy and reversing the burden cannot replace proof of the prescribed place.

   Reference: NCA Canadian Criminal Law syllabus — p. 7, 5(a)

3. 3A driver intentionally supplies transport for the purpose of assisting a planned theft but does not personally take the property. Which principle permits liability for the theft?

   1. A.Only the person taking property can commit theft.
   2. B.A person who intentionally aids may be a party to the same offence.Correct answer: B
   3. C.The driver can only be liable as an accessory after the fact.
   4. D.Providing transport can only establish regulatory liability.

   Explanation: The Code states: "does or omits to do anything for the purpose of aiding any person to commit it" Purposeful assistance can make the driver a party to theft. Personal taking is not essential, and prior assistance is not confined to after-the-fact or regulatory liability.

   Reference: Criminal Code, R.S.C. 1985, c. C-46 — s. 21(1)(b)

4. 4For section 16(1), why is a psychiatric diagnosis alone insufficient to establish exemption from criminal responsibility?

   1. A.The accused must prove the offence caused the diagnosis.
   2. B.The diagnosis must have been made before the alleged offence.
   3. C.A mental disorder only affects sentence and never responsibility.
   4. D.The disorder must cause a specified incapacity concerning the act or its wrongfulness.Correct answer: D

   Explanation: The Code states: "rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong." The legally relevant incapacity, not diagnosis alone or diagnosis timing, is required. Section 16 addresses responsibility, not merely sentence.

   Reference: Criminal Code, R.S.C. 1985, c. C-46 — s. 16(1)

5. 5At the end of a criminal trial, which party must establish the accused's guilt and to what standard?

   1. A.The accused must establish innocence beyond a reasonable doubt.
   2. B.The Crown must establish guilt on a balance of probabilities.
   3. C.The Crown must establish guilt beyond a reasonable doubt.Correct answer: C
   4. D.The judge must establish guilt by conducting an independent investigation.

   Explanation: The source states: "the Crown must prove the guilt of the accused beyond a reasonable doubt." The ultimate burden is the Crown's and exceeds the civil standard. The accused need not prove innocence and the judge does not become an investigator.

   Reference: NCA Canadian Criminal Law syllabus — p. 20, 23(a)

6. 6Police seek a prosecutor's advice about wording a search warrant. How does that consultation relate to their institutional roles?

   1. A.Advice is compatible with police independence from the Crown prosecutor.Correct answer: A
   2. B.Advice makes the prosecutor the police officer's commanding investigator.
   3. C.Police independence prohibits every request for legal advice.
   4. D.Advice transfers power to determine guilt from the court to police.

   Explanation: The source states: "the police will often seek legal advice from Crown prosecutors, including on the wording of search warrants" Legal consultation does not eliminate the institutional independence identified in the same paragraph or transfer adjudicative authority.

   Reference: NCA Canadian Criminal Law syllabus — p. 22, 24

7. 7An appearance notice or summons can adequately secure attendance and good conduct in the circumstances. What general approach does the syllabus identify for physical arrest?

   1. A.Arrest is mandatory whenever any offence is suspected.
   2. B.Arrest is required before any appearance notice can be issued.
   3. C.Arrest is required whenever the suspected offence is indictable.
   4. D.Arrest is a last resort when less intrusive measures are unsuitable.Correct answer: D

   Explanation: The syllabus states: "arrest – taking physical control over the subject - is to be used as a last resort". Adequate less intrusive attendance measures should be considered. Suspicion alone, an arrest-first sequence or indictable classification alone does not override this principle.

   Reference: NCA Canadian Criminal Law syllabus — p. 23, 25

8. 8Police hold relevant, non-privileged investigation material that weakens the Crown's case. What does the disclosure obligation require?

   1. A.Disclose it to the accused as part of the fruits of the investigation.Correct answer: A
   2. B.Disclose it only if the prosecutor intends to rely on it.
   3. C.Keep it confidential because it assists the defence.
   4. D.Disclose it only after a conviction has been entered.

   Explanation: The source states: "All of the fruits of the investigation are to be disclosed save what is clearly irrelevant or privileged." The rule is not limited to material supporting the prosecution. Its defence value is not an exception and post-conviction delay does not satisfy the stated obligation.

   Reference: NCA Canadian Criminal Law syllabus — p. 23, 26

9. 9Which two considerations define the fundamental proportionality principle in section 718.1?

   1. A.The offender's rehabilitation prospects and the need for general deterrence.
   2. B.The offence's statutory maximum and the number of charges laid.
   3. C.The victim's preferred punishment and the prosecutor's requested sentence.
   4. D.The gravity of the offence and the offender's degree of responsibility.Correct answer: D

   Explanation: Section 718.1 states: "A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender." Other purposes, statutory limits and party preferences may arise in sentencing, but they do not replace the two components of this fundamental proportionality principle.

   Reference: Criminal Code, R.S.C. 1985, c. C-46 — s. 718.1

10. 10Counsel is selecting the appeal route from a final criminal verdict. Which procedural distinction does the syllabus identify as relevant?

    1. A.Whether the accused was arrested with a warrant or without one.
    2. B.Whether the verdict was delivered orally or with written reasons.
    3. C.Whether the offence was prosecuted summarily or indictably.Correct answer: C
    4. D.Whether sentence was imposed on the same day as the verdict.

    Explanation: The syllabus states: "different grounds of appeal and procedural routes apply, depending on whether an offence has been prosecuted summarily or indictably." Arrest-warrant status, form of reasons and same-day sentencing are not the prosecution-mode distinction governing this selection.

    Reference: NCA Canadian Criminal Law syllabus — p. 26, 32