CRI225H1 Lecture Notes - Lecture 5: Actus Reus, Bodily Harm, Indictable Offence
28 Oct 2016
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Cri225 week five oct 13th 2016. Actus reus (physical act) set out in the criminal code involves an act or omission. May involve a specific circumstances (lack of consent) Must be voluntary: must be conscious act, accused must have an operation mind, accused must be capable of making a decision. Act + circumstance + consequence: defined in the criminal code. Read the provision carefully: always involves an act or omission. If no legal duty, failure to act is not criminal: may involve a specified consequence. Crown has to prove each and every act of the actus reus. Must be a voluntary act: sleepwalking or reflex kicking cannot count as you have to conscious when you commit a criminal offence. 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).
