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Section 4: Criminal Law - Textbook Notes

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Law 2101
Mysty Sybil Clapton

SECTION 4 Criminal LawINTRODUCTIONCriminal LawHarmOften said that real criminal law should be confined to wrongful acts seriously threatening and infringing fundamental social valuesACTUS REUSMost crimes are composed of two elements the physical aspects Actus Reus and the mental aspects Mens Rea Voluntariness o Must be a willpower to do an act whether the accused knew or not that it was prohibited by lawo Must be a result of a willing mind at liberty to make a definite choice or decision Commission o R v Bird Mrs Salmon had a telephone conversation with Bird that resulted in her being tricked into having sexual intercourse with himThe appellant without reasonable justification or excuse and with intent to extort or gain from Mrs Salmon the use of her body in order to satisfy his sexual lust by threats or menaces induced her to allow him the use of her body for sexual intercourse and that sense he gained something from her which came squarely within the meaning of the word anything used in S291 Causation o R v Winning Appellant was convicted of obtaining credit from Eatons by false pretences Appellant made 2 false statements in her application for creditShe paid Eatons on every occasion that credit was advanced to herName and address were correctly given Appeal allowed conviction quashedo R v Smithers Appellant was subject to racial insults by Barrie Cobby during a hockey game Heated and abusive exchange of profanities Appellant continually tried to threaten and challenge CobbyAppellant punched and kicked Cobby outside after the gameCobby died Important in considering the issue of causation in homicide to distinguish between causation as a question of fact and causation as a question of law
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