LAWS 2302 Study Guide - Actus Reus, Mens Rea, Willful Blindness
19 Feb 2014
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These must be proven beyond a reasonable doubt. Burden of proof: who has to prove something: crown always has the burden of proof. Standard of proof: to what extent they have to prove it. Crown must prove up to 3 aspects of the actus reus: circumstances (existence of certain circumstances) Ex: without consent: voluntary physical act (ex: hit someone, drove while drunk, etc) If it was not voluntary, actus reus doesn"t apply: consequences (what consequences did their actions have by committing the crime) Ex: causes bodily harm, or causes death. But, there is no mens rea if the person didn"t know it was false information. Assault: 265. (1, without the consent of another person, he applies force intentionally to that other. Assault: applying force intentionally to the person directly or indirectly: voluntary physical act: the application of force to another person. A tap on the shoulder can be considered an assault: circumstances: ex: carrying a weapon ****, consequences: ******
