LAW 201 Lecture 6: 201 Week 6
15 Feb 2017
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Bail, formalities of charging, court processes etc. Act element actus reus guilty act . Assault: the application of force to another person, the absence of consent. Always defined in a statute narrowly or broadly. Fault element mens rea guilty mind . Assault: intention to apply force to another person, aware of no consent. Not always clearly set out case law is helpful here. Subjective mens rea: what was in the mind of the accused at the time of the event punishing guilt intentions. The crown must prove both these elements and these elements tend to mirror one another and must occur at the same time . Incomplete acts can be crimes eg. you don"t have to successfully steal a bike to be guilty of theft. Attempts to commit offences are offences themselves attempted murder. Entering a conspiracy to commit an offence is an offence. Offence of counselling someone to commit an offence even if the offence does not occur.
