Review OPC STUDY TEST GUIDE WITH
COMPLETE SOLUTION
POLICE Powers of ARREST 495(1) - 1) Person who has committed and indictable(PRESENT)
offence or who on RG believes has committed(PAST) or about to commit(FUTURE) an
indictable offence.
2) Person who he FINDS COMMITTING a Criminal Offence or
3) Has RG to believe that a WARRANT OF ARREST OR COMMITTAL in any form is in force
within the TERRITORIAL JURISDICTION in which the person is found.
What are the 6 steps to a lawful ARREST? - 1) Identify yourself as a police officer
2)Tell them they are under arrest
3) Tell them why they are under arrest
4) Take physical control
5) Inform them of their rights to counsel
6) Ensure they understand
Impaired Driving - Driving under the influence of alcohol or drugs
What is Care and Control - Alcohol or drug
Where does the offence of Operation while Prohibited have to occur in relation to a Motor
Vehicle? - A prohibition order in respect of a motor vehicle applies only to its operation on a
street, road or highway or in any other public place.
Colour of RIght - An honest belief in a set of FACTS or Circumstances that they actually exist
constitute legal justification or excuse.
When is the theft complete? - With intent to steal anything, moves it OR cause it to move or be
moves, OR begins to cause it to become moveable.
Theft 322(1) CC - Everyone who fraudulently and without colour of right takes, converts to his
use or to the use of another person, ANYTHING whether animate or inanimate with INTENT.
333.1 CC Theft of a motor Vehicle is liable to: - Indictable; not more than 10 years AND 6
months minimum if third or subsequent offence
Summary conviction; imprisonment not more than 18 months
Fraud 380 (1) CC - Deceit, falsehood or other fraudulent means, defrauds the public OR any
person of PROPERTY, MONEY, VALUABLE SECURITY and ANY SERVICE
, Punishment for Theft Over $5000 S.334 CC - Indictable offence, no more than 10 years.
Punishable on SUMMARY Conviction
Punishment for Theft Under $5000 S.334 CC - Indictable offence, no more than 2 years.
Punishable on SUMMARY Conviction
Take Motor Vehicle/Vessel without consent S.335(1) CC - Without consent from the owner,
takes m/v / vessel, intent to drive/use/navigate/operate or cause it to be
driven/used/navigated/operated or is an occupant knowing it was taken w/o consent
SUMMARY CONVICTION
Take Motor Vehicle Without Consent Exemption - does not apply if Occupant;
Becomes aware that the M/V /Vessel was taken without consent
Attempt to leave where feasible
Actually leaves M/V /Vessel
What is a deceit? - Person perpetrating the fraud does something that misleads the victim
What is a falsehood? - A lie
Means lie by? (How can you lie?) - Orally or in writing, by fax, e-mail, third person, basically by
any means or mode of communication
What does "other fraudulent means" mean? - Any other method a person could think of now or
in the future
Robbery S.343 (a) CC - Everyone commits robbery who:
steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance
to the stealing, uses violence or threats of violence to a person or property;
Robbery S.343 (b) CC - steals from any person and, at the time he steals or immediately
before or after, wounds, beats, strikes or uses any personal
violence to that person;
Robbery S.343 (c)&(d) CC - Everyone commits robbery who: assaults any person with the intent
to steal from him or
steals from any person while armed with an OFFENSIVE WEAPON or imitation thereof.
Robbery Punishment S. 344 CC - Indictable offence
Restricted Firearm or prohibited firearm
1st offence- Life imprisonment and min of 4 years
2nd or subsequent offence- life with min of 7 years
Any other case where a firearm is used; life imprisonment and min 4 years
In any other case, to imprisonment for life.
COMPLETE SOLUTION
POLICE Powers of ARREST 495(1) - 1) Person who has committed and indictable(PRESENT)
offence or who on RG believes has committed(PAST) or about to commit(FUTURE) an
indictable offence.
2) Person who he FINDS COMMITTING a Criminal Offence or
3) Has RG to believe that a WARRANT OF ARREST OR COMMITTAL in any form is in force
within the TERRITORIAL JURISDICTION in which the person is found.
What are the 6 steps to a lawful ARREST? - 1) Identify yourself as a police officer
2)Tell them they are under arrest
3) Tell them why they are under arrest
4) Take physical control
5) Inform them of their rights to counsel
6) Ensure they understand
Impaired Driving - Driving under the influence of alcohol or drugs
What is Care and Control - Alcohol or drug
Where does the offence of Operation while Prohibited have to occur in relation to a Motor
Vehicle? - A prohibition order in respect of a motor vehicle applies only to its operation on a
street, road or highway or in any other public place.
Colour of RIght - An honest belief in a set of FACTS or Circumstances that they actually exist
constitute legal justification or excuse.
When is the theft complete? - With intent to steal anything, moves it OR cause it to move or be
moves, OR begins to cause it to become moveable.
Theft 322(1) CC - Everyone who fraudulently and without colour of right takes, converts to his
use or to the use of another person, ANYTHING whether animate or inanimate with INTENT.
333.1 CC Theft of a motor Vehicle is liable to: - Indictable; not more than 10 years AND 6
months minimum if third or subsequent offence
Summary conviction; imprisonment not more than 18 months
Fraud 380 (1) CC - Deceit, falsehood or other fraudulent means, defrauds the public OR any
person of PROPERTY, MONEY, VALUABLE SECURITY and ANY SERVICE
, Punishment for Theft Over $5000 S.334 CC - Indictable offence, no more than 10 years.
Punishable on SUMMARY Conviction
Punishment for Theft Under $5000 S.334 CC - Indictable offence, no more than 2 years.
Punishable on SUMMARY Conviction
Take Motor Vehicle/Vessel without consent S.335(1) CC - Without consent from the owner,
takes m/v / vessel, intent to drive/use/navigate/operate or cause it to be
driven/used/navigated/operated or is an occupant knowing it was taken w/o consent
SUMMARY CONVICTION
Take Motor Vehicle Without Consent Exemption - does not apply if Occupant;
Becomes aware that the M/V /Vessel was taken without consent
Attempt to leave where feasible
Actually leaves M/V /Vessel
What is a deceit? - Person perpetrating the fraud does something that misleads the victim
What is a falsehood? - A lie
Means lie by? (How can you lie?) - Orally or in writing, by fax, e-mail, third person, basically by
any means or mode of communication
What does "other fraudulent means" mean? - Any other method a person could think of now or
in the future
Robbery S.343 (a) CC - Everyone commits robbery who:
steals, and for the purpose of extorting whatever is stolen or to prevent or overcome resistance
to the stealing, uses violence or threats of violence to a person or property;
Robbery S.343 (b) CC - steals from any person and, at the time he steals or immediately
before or after, wounds, beats, strikes or uses any personal
violence to that person;
Robbery S.343 (c)&(d) CC - Everyone commits robbery who: assaults any person with the intent
to steal from him or
steals from any person while armed with an OFFENSIVE WEAPON or imitation thereof.
Robbery Punishment S. 344 CC - Indictable offence
Restricted Firearm or prohibited firearm
1st offence- Life imprisonment and min of 4 years
2nd or subsequent offence- life with min of 7 years
Any other case where a firearm is used; life imprisonment and min 4 years
In any other case, to imprisonment for life.
