LAWS 2302 Lecture Notes - Lecture 2: Youth Criminal Justice Act
28 Jan 2016
School
Department
Course
Professor
Document Summary
Verdict s (a) (b) (c) (d) (e) (f) A person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly; (b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe upon reasonable grounds that he has, present ability to effect his purpose; or (c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs. Mens rea = guilty state of mind: (1) (2) (3) (4) (5) specific intent general intent wilful blindness ( knew of risk) recklessness (reasonable person ought to have known of risk) negligence. Debra hutt convicted of soliciting at trial; conviction overturned on sum. Court holds that for there to be soliciting, act must be confrontational, and pressing or persistent.
