Court and Tribunal Administration CTA323 Lecture Notes - Lecture 4: Mens Rea
Document Summary
Assault a person commits an assault when: a) without the consent of another person, he applies force intentionally, directly or indirectly, b) he attempts or threatens, by an act of a gesture, to apply force to another person. Mens rea: intentionally - intentional application of force: accused believed that v. gave consent. Measured response consent requires a conscious, operating mind that is capable of granting or withdrawing consent. 2011 on sexual assault; the female said that she didn"t consent to asphyxiation, despite being okay with it in the past. She didn"t consent to it this time and said that she couldn"t give consent while unconscious, so the male was charged with assault. One of them panics and breaks komaru"s nose with a rock. Conspiracy - s. 465: agreement by two or more people to: commit a criminal offence or achieve a lawful object by commission of a criminal offence o requires an agreement.