CRMN 2010U Lecture Notes - Lecture 18: Mens Rea, Actus Reus, Sexual Assault
18 Apr 2018
School
Department
Course
Professor
Document Summary
Scenario 1: jill tells john that he can take and use her boat any time during the summer. John takes the boat, but a week later he is charged with theft. Scenario 2: sandra goes to a registered tattooist to get a tattoo. She does not like the result and wants the tattooist prosecuted for assault. Absence of consent is an element of actus reus in some offences (e. g. , assault) Defence of consent assertion that actus reus has not been proven accused must be acquitted. Issue of consent most commonly arises in prosecution of assaults and sexual assaults we will focus on these cases as examples. 265. (1) a person commits an assault when. (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly . Actus reus: application of force without the consent of the victim. Criminal code: limitations on the use of consent as a defence.
