Lecture 3

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Woodsworth College Courses
David Davies

WDW225 October 7, 2010 Essential Elements of the Criminal Act Lecture 3 What constitutes a crime? -mental element MENS REA -physical element ACTUS REUS Criminal Law; Act + Fault Act: -of commission or -in certain cases only, of omission -that is voluntary and -if the consequences are part of the definition, have caused those consequences Frey v. Fedoruk Section 177: Everyone who loiters or prowls at night on the property of another person near a dwelling- house situated on that property is guilty of an offence punishable on summary conviction Example 2: ACTUS REUS Doesnt always need physical touching 265(1) A person commits an assault when b he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that person to believe on reasonable grounds that he has, present ability to effect his purpose ACTUS REUS No Causation -causation may not be part of the definition in the Criminal Code Example Section 241 Everyone who: a) counsels a person to commit suicide, or b) aids or abets a pers
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