ADMJ 103 Lecture Notes - Lecture 10: Grievous Bodily Harm, Actus Reus, Jury Instructions
Document Summary
General issues in proving culpability: possible m/r stated in the statute (elemental m/r) When the actor has no desire for the result, but is aware that it will most likely happen. When the risk-taking involves a gross deviation from the standard of care that a reasonable person would observe in the actor"s situation. Strict liability act leads to punishment; must still be a voluntary act; mental component required, but treated as part of act (actus reus) not as a specific mens rea --- don"t care what"s happening in your head. Accused with exposing to a noxious gas: Endanger or inflict grievous bodily harm (a/r or) result or social harm. Look to treatise to define malicious: 1) actual intent or: recklessness toward/about the harm/endangerment. A/r = causing or administering or (creating risk not a/r b/c collapses into harm/result) M/r = maliciously (can be met by p, k, or maybe r)
