CRIM 230 Study Guide - Midterm Guide: Transferred Intent, De Minimis, Actus Reus

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Sexual assault case, neighbour comes into complainant"s house, touches breasts. Court ultimately decides to look at whether it is. Sexual on an objective level: is the sexual context of the assault visible to a reasonable observer? . Part of body touched, nature of contact, situation, words/gestures are relevant. Judgement ultimately denies appeal: v. boudreault. Intoxicated boudreault waits in his truck for taxi, turns engine on to stay warm, charged with. What does care or control mean in context of section 253: care or control: 1) intentional course of conduct associated with motor vehicle. 2) by a person whose b. a. l. exceeds legal limit. 3) in circumstances that create realistic risk. Does crown need to prove risk of danger in order to obtain conviction: yes. Must be realistic, and not just theoretically possible. Since he had no care or control , charges appealed: v. cooper. Intoxicated cooper charged with murder by way of strangulation.