Chapter 2

Question 1

What is the fundamental principle of justice

Answer 1

Innocent until proven guilty

Question 2

What are the two elements of offences that are to be proven beyond a reasonable doubt

Answer 2

Men’s Rea and Actus Reus

Question 3

What is Actus Reus

Answer 3

• The physical element of a criminal offence
• A particular event or state of affairs was “caused” by the accused person’s conduct

Question 4

What is commision?

Answer 4

Knowingly taking action like hitting somone

Question 5

What is Omission

Answer 5

Act of leaving out or excluding something

Question 6

What are the four justifications of the intervention of CJS

Answer 6

1) To be held criminally responsible: the Crown must prove beyond reasonable doubt all the necessary actus reus elements

2) The existence of mens rea (by itself) does not lead to conviction

3) Actus reus and Mens rea must coincide

4) Voluntariness (meaning that one commits an act out of free will, lack of force or suffering, or sycosis) elements in actus reus

Question 7

What are the three elements of Actus Reus

Answer 7

Conduct, Circumstances and Consequences

Question 8

What is the element of Conduct?

Answer 8

A voluntary act or omission or state of being; constituting the central feature of the crime

Question 9

What is the element of circumstances

Answer 9

The “surroundings and material”
The act that makes the action an offence

Question 10

What is the element of Consequence

Answer 10

The consequence must be proven beyond a reasonable doubt
The conduct must be a direct link to the consequence

Question 11

What does the element of Actus Reus refer to?

Answer 11

Refers to all other elements of the offence that must be proved by the crown beyond a reasonable doubt

Question 12

What does the element of Mens Rea refer to?

Answer 12

Refers to the mental element of an offence

Question 13

What is the central feature of crime?

Answer 13

Conduct

Question 14

What are 3 exceptions where conduct is not a required element of Actus reus

Answer 14

Overall offences where conduct is not required element of the Actus Reus,
- the Crown must prove that the accused was discovered in a particular condition or state.
this includes

• Being in Possession of Housebreaking instruments
• Being the occupant of a motor vechile without the consent of the owner
• Being in Care or Control of a vehcile while impaire or “above 80”

Question 15

Has Parliament defined the word sexual in the CCC?

Answer 15

No. It is up to the crown to present the conduct as lacking consent and conduct was of a sexual nature

Question 16

What are the Actus Reus requirements of sexual assault?

Answer 16

• Proof of touching
• the sexual nature of the contact
• The absence of consent

Question 17

What two requirements of Actus Reus for sexual assault are objective and subjective?

Answer 17

Objective:
- The proof of touching
- the sexual nature of the contact (Reasonable observer)

Subjective:
- The absence of consent
(Refers to the complainant’s subjective internal state of mind towards the touching the same it occurred

Question 18

The Case of Chase

Answer 18

• He entered the victim, 15 year old girl, without invitation, seized her shoulders and grabbed breasts. Attempted to grab the genitals but did not succeed.

COA said that because of no contact with the genitals and wanted to charge common assault.

• SC stated in deciding whether the nature of the offence is sexual in nature the crown must prove that a reasonable observer would see the seen and determine the actions are sexual in nature. The reasonable observer is a person aware of the situation.
  All circumstances surrounding the conduct must be sexual in nature
• Ruled that the sexual integrity of the victim was violated.
• Ultimately charged with Sexual Assault

Question 19

The Case of V.(K.B)(1993)

Answer 19

Charged with sexual assaults
Disciplining his 3-year-old son
The defence is the lack of intention of sexual gratification
The SC verdict
“Sexual integrity of the victim was violated”

Question 20

The Case of Semchuk (2012)

Answer 20

To review

Question 21

Case: R.v. Moquin (2012)

Answer 21

• Domestic violence
• A Man hit and squeezed her hand so hard.
• The victim had multiple bruises and her hand had bruising, soreness and inability to bend it for a week. She needed assistance from her daughter
• The trial judge held that these physical injuries did not amount to “bodily harm” as required and accordingly convicted the accused of common “assault.”
• COA refers to SC to interpret the standard of serious bodily harm
• SC says “bodily harm does not require a fully functional impairment. Bodily harm is hurt or injury that interferes with the health or comfort of the person.”

Question 22

What is assault causing bodily harm?

Answer 22

• Bodily harm is hurt or injury that interferes with the health or comfort of the person.”

Question 23

What defines assault?

Answer 23

• Any hurt or injury Without the consent of another he applies force intentionally to that person directly or indirectly
• Carries or threatens to use a weapon

Question 24

What is a reasonable observer?

Answer 24

Someone who would interpret the actions as sexual, lacking consent and violating the sexual integrity of the persons

Question 25

How do you determine impairment?

Answer 25

It is an issue of fact( based on the evidence) .. any degree of impairment ranging from slight to great “ (Alberta Court of Appeal)

Not general ability but ability to drive is impaired

Question 26

Toews

Answer 26

• was found in a sleeping bag with the key in ignition

The court found in Guilty.

COA found him not guilty

The CROWN decided that he lacked care and control, bc of the sleeping bag supporting that he was using the truck as a place to sleep
- Found not guilty

Question 27

What is care and control?

Answer 27

Significant use of the vehicle fitting and equipment (Toews), enhanced realistic risk that the vehicle could be set in motion; or if he awoke, he might intentionally set the vehicle in motion.

Question 28

The Case of Buckingham (2007)

Answer 28

sits in driver seat, turn on car, foot on the gas petal, gear lever was in the “park position”

Trial judge decision found him not guilty, the crown appealed

COA found him guilty because he was significantly using the equipment of the vehicle in a highly toxic state that enhanced the realistic risk that the vehicle could be set in motion

Question 29

Boudrealut (2012)

Answer 29

Bar tender calls a cab. Waits in Truck to warm up. Falls asleep to tuen on the wheel while waiting for the cab.

Trial judge decision found him not guilty

Acquitted based on the fact that he would not put his vehicle in motion(he had no intention of driving his vehicle)

Found not guilty because he did not pose a realistic risk

Quebec Court of Appeal: set aside the acquittals and entered convictions

Supreme Court of Canada elaborated the meaning of care and control within the meaning of section 253(1)

An “international course of conduct associated with a vehicle

By a person who ability to drive is impaired or whose blood alcohol level exceeds the legal limit;

In circumstances that create a realistic risk as opposed to a remote possibility of danger to person or property

Question 30

Why is it important to have an alternative plan in relation to driving impaired or “above 80”

Answer 30

To present that the individual did not pose as a realistic risk

Question 31

What does the issue of law mean?

Answer 31

Based on the judge’s decision

Question 32

How do you assess realistic risk?

Answer 32

Assed by the plan in place