CRM 2300 Study Guide - Midterm Guide: Actus Reus, Sexual Intercourse, Epiglottis
23 Nov 2014
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Victim: is an individual who loses freedom or property because of the actions of an individual transgressor. Looking for some indication that the act committed was done on purpose/rationalized. Did the individual have a guilty mind? (mens rea) = guilty mind action blameworthy. Need both a/r and m/r to convict someone! Is there some defense or excuse? (if yes, then acquitted) When it goes beyond mere preparation, they can be charged. Cline 1956 (ont court of appeal: pedophile in train station, doesn"t commit a/r but wanted to. Once beyond act of mere preparation = gets half the penalty, charged with attempt of indecent assault. Old man talking to 15 yr old, grabs her arms and breasts, reaches for her genitals and unsuccessfully touches her: a/r rape: sexual intercourse with woman, who was not your wife and no consent. Don"t need to touch genitalia, exclude d"s sexual gratification. Accused has 3 year old son, who would grab other men"s penises.
