NCA Criminal Law Practice Questions - NCA Canadian Criminal Law Examination Exam

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A trial judge is asked to convict an accused of a 'common law offence' of public mischief that is not found in any statute. How should the judge rule under Canadian criminal law?

Convict, because Canadian courts retain power to create new offences as needed Acquit, because s. 9 of the Criminal Code abolishes common law offences (except contempt of court) Convict, because the conduct was clearly blameworthy and harmful Refer the question to Parliament before deciding

Correct Answer:

Acquit, because s. 9 of the Criminal Code abolishes common law offences (except contempt of court)

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