PFP 155 Lecture Notes - Lecture 2: No Offence, Mens Rea, Assault Causing Bodily Harm
Document Summary
Neighbours are involved in a dispute over the removal of an old fence. Neighbour #1 begins to tear down a fence saying that it is too old and fragile and that it is actually on his property. Neighbour #2 has the adjoining property and gets angry telling neighbour. #3 that she will poison neighbour #1"s dog if he comes on her property. Doesn"t matter: does it matter that the threat is conditional upon the dog coming on her property? (r. v. Still matters, no matter the conditions: does it matter that neighbour #1 was unaware of the threat? (r. v. Jurisdiction: two drivers are involved in a dispute at the roadside. Driver #1 exits his vehicle, approaches driver #2 yelling obscenities and making a fist with his hand. He challenges driver #2 to get out of the vehicle: has driver #1 committed an offence under s. 265.
