Chapter 6

Your Full Name:
*Required

1. Evidence that the crime was motivated by prejudice based on sexual orientation is an aggravating factor to be considered at a sentencing hearing.

true
false

2. An accused can receive an absolute discharge if convicted of an offence under section 392.

true
false

3. The Criminal Records Act provides that an absolute discharge is automatically removed from a person's record after one year, and there are no circumstances under which it can be disclosed.

true
false

4. The sentencing judge could impose a conditional sentence for an offence under section 392.

true
false

5. If an offender is found by the court to be a dangerous offender, the accused can be sentenced to an indeterminate sentence.

true
false

6. An accused can reopen his or her case, and rely on subsequently decided judicial authorities, when the provision under which the accused was convicted is subsequently declared constitutionally invalid.

true
false

7. Whether the Crown has proven its case beyond a reasonable doubt is a question of fact.

true
false

8. An accused convicted of an offence under section 392 can appeal as of right to the Court of Appeal from a conviction on a question of law with leave of the Court of Appeal or trial judge on a question of fact or a question of mixed fact and law, or with leave of the Court of Appeal on any other ground that appears to the court to be a sufficient ground of appeal.

true
false

9. The Court of Appeal never hears evidence when an accused appeals a conviction.

true
false

10. Once a person convicted of an indictable offence has exhausted all avenues of appeal, the person can still apply to the Minister of Justice for, among other things, a new trial.

true
false