SSCI 1010U Lecture Notes - Lecture 5: Indictable Offence, Mental Disorder, Exigent Circumstance
Document Summary
Prosecutions by state (queen), not actual victim. Crown prosecutors bring case against accused: also controlled drug and substances act, food and drugs act, income tax act, Actus reus: wrongful conduct or actions. Crown must prove all elements of offence beyond a reasonable doubt. Section 265 (1)(a) of criminal code: a person commits an assault when, without the consent of another person, he applies force intentionally to that other person, directly or indirectly. Crown must prove the following beyond a reasonable doubt: accused applied force (a. r. ) Directly or indirectly: force applied to another person (a. r. , other person did not consent (a. r. , force must be applied intentionally (m. r. ) Failure to act or omission requires positive legal duty. Incomplete offences involves criminal responsibility without full actus reus: attempts, conspiracy. Agreement between 2 or more people to carry out offence. Motive intent intends to commit offence can foresee the wrongful results: recklessness and/or wilful blindness. Pays no regard to possible injuries or consequences.
