The actus reus elements of a criminal offense (week 2)

Actus reus and Mens rea

True

<p>a particular event or state of affairs that was “caused” by the accused person’s conduct</p> Signup and view all the answers

<p>Mens rea: the conduct was accompanied by a certain state of mind (mental elements of an offense)</p> Signup and view all the answers

<p>Proves that the crime actually occurred, to connect the accused to the physical act that killed the person</p> Signup and view all the answers

<p>Crown must prove beyond reasonable doubt all the necessary actus reus elements</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

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<p>conduct, circumstances, consequences</p> Signup and view all the answers

<p>conduct = “ a voluntary act or omission or state of being; constituting the central feature of the crime” (intoxicated behind the wheel → state of being) circumstances = “the surroundings and “material” (relevant to the definition of the crime) (definitions of the law that make the act a crime) (act in itself lacks what's required in law that makes it an offense or illegal) (circumstances of the conduct) consequence = of the voluntary conduct (specified in the definition of the crime) (Nette test) with great power = comes great responsibility</p> Signup and view all the answers

<p>Defining “assault”: s. 265 (I)(a) of the code = A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly… Find the provision in the code that refers to the offense of assault causing bodily harm: S. 267 of the Code = (I) everyone who, in committing an assault, (a) carries, uses or threatens to use a weapon or (b) causes bodily harm to the complainant, is guilty of an indictable offense… Define “bodily harm” in s. 2 in the Code = means any hurt or injury to a person that interfere w the health or comfort of the person and that is more than transient or trifling in nature a = b</p> Signup and view all the answers

<p>2012</p> Signup and view all the answers

<p>Charged w assault causing bodily harm</p> <p>Moquin moved in w victim and 15-16 year old daughter after 10 days, he assaulted her (pushed her, slapped her, grabbed hand so hard she bruised → she could not use her hand for a few days), got into many arguments, he tells his lawyer that he should be charged w just assault not assault causing bodily harm, conduct is the applied pressure to her hand, circumstances: w/o consent, consequences: visible bruising,</p> Signup and view all the answers

<p>Essential feature of the act applied pressure onto the victim w/o consent and no doubt that the pressure applied caused the bruising and that the act w/o a doubt… (&quot;killed/harmed the victim&quot;?)</p> Signup and view all the answers

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<p>How to prove the assault is a sexual one instead of a common assault?</p> Signup and view all the answers

<p>He was charged w sexual assault and claimed it to be just assault (grabbing her, licking her, “don’t try to resist”, grabbing her from behind circumstances: lack of consent</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>all of the above</p> Signup and view all the answers

<p>Conduct = the intentional application of force or the threat of application of force (touching, intercourse, fondling…) (!) Circumstances = the force took place w/o the consent of the victim and the assault is of a “sexual nature”, surroundings and material (gestures, language and act itself) what makes it an illegal act Consequences = the accused applied force, or s/he caused the victim to believe that the accused has “the present ability” to apply such force (!) a = b</p> Signup and view all the answers

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<p>the actus reus requirement of sexual assault</p> Signup and view all the answers

<p>True</p> Signup and view all the answers

<p>False</p> Signup and view all the answers