CRI225H1 Lecture Notes - Lecture 5: Bodily Harm, Beverley Mclachlin, Indictable Offence
20 Oct 2016
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Actus reus- set out in the criminal code, involves an act or omission, or may involves specified consequence (causation), may involve a specific circumstance (lack of consent). Accused must be capable of making a decision. 2. always involves an act or omission. Any assault based offence- involves crown proving that the question of consent to prove. If no legal duty, failure to act is not criminal. Absence of consent that there was not consent in act of crime. Even if someone gives consent, some circumstances we have decided parliament decided, consent that was given was not valid. Even if the consent was given it was invalid, the offence then will be considered without consent. Every one commits an aggravated assault who wounds, maims, disfigures or endangers the life of the complainant. But it must first be an assault (application of force without consent) If you obtain consent through fraud it is also invalid.
