JUST*1010 Chapter Notes - Chapter 9: Actus Reus, Sexual Assault, Mens Rea
Document Summary
Accused may assert consittutional rights under charter as a means of defneding themselves against a criminal charge; mortegaler, smolig, and scot. Defense of mistake of fact, consent and mistake of law. Mistake of fact and consent are ocnsidered together in the chapter: are frequently not exclusive raised in the xontext of trials invovling charges of sexual assault. Mistake of law = no valid defense. Lacked mens, that the crown must prove in order to obtain convictions. Honest mistake on an essential factual element is as ageneral rule a defence to the charge. Basically mistake of fact is the assertation that the crown has failed to prove the necessary mens rea requirement of the offence charged; Sexual assault; defence honest but mistaken belief in consent; denial of mens rea of sexual lind. Must a mistake of fact both honest and reasonable. Has to be honest, as a vlaid defence;
