Chapter 5 - The Act Requirement

Question 1

What is the mental element of actus reas?

Answer 1

Whether or not the act was done willingly (ex. sleepwalking is not wilful)

Question 2

What was the ratio of R v. Lohnes?

Answer 2

That, according to the legislation, it is inferable that the act must result in an EXTERNALLY MANIFESTED disturbance, and thus any “inner disturbance” is not sufficient to constitute an offence

Question 3

What is the Doctrine of Vicarious Liability?

Answer 3

Wherein a person will be guilty by mere association/relationship to another, regardless of what the person has done. Ruled unconstitutional.

Question 4

Which case discussed absolute liability?

Answer 4

R. v. Burt

Question 5

What type of offences have no act requirement?

Answer 5

Possession, negligence

Question 6

Name the 3 types of possession

Answer 6

1. Personal, 2. Constructive, 3. Joint

Question 7

What are the 3 elements of possession?

Answer 7

1. Knowlage, 2. Consent, 3. Control

Question 8

What kind of placement of illicit goods would be sufficient to show joint possession?

Answer 8

Where the goods are out in the open for all in the near vicinity to see. (Ex. out on a coffee table)

Question 9

This kind of possession will not result in legal consequences. It will be justified by___

Answer 9

Innocent possession, a purpose of taking it to the authorities, or, an authority in service of the law (ex. a policeman/lawyer examining a murder weapon)

Question 10

What was the ratio of R v Burt?

Answer 10

Except for explicit exceptions, Actus Rea and Mens rea is always assumed to be required for a criminal offence, the absence of which will late the fundamental principles of Justice sec.7. So what? Courts will look to the purpose and effect of both the act as a whole and specific provisions to determine the legislation’s constitutional validity.

Question 11

What was the ratio of R v Pham?

Answer 11

Possession may be ascertained by a combination of both knowledge, consent and control over the object in question. So what? The facts that the drugs were out in plain sight in common areas of the apartment are enough to deem that Pham was in constructive/joint possession.

Question 12

True or false, viewing an image of CP constitutes possession? Why?

Answer 12

False. Because it lacks the requisite level of control. Reason why there is a another offence specifically for this situation. (R v Morelli)

Question 13

Define constructive possession

Answer 13

The accused has knowledge of the nature of the object, knowingly puts it in a place, and intends for the object to be there for their own personal use

Question 14

According to the case of ___, ___ will vitiate consenting to a fight.

Answer 14

R v Jobiden, non trivial bodily harm, or

Question 15

Define bodily harm

Answer 15

A hurt or injury to a person that interferes with the heath or comfort of a person that is more than transient or trifling in nature

Question 16

Is a paper cut bodily harm?

Answer 16

Depends on the paper cut

Question 17

True or False: Medical evidence is required for claims of bodily harm

Answer 17

False

Question 18

What 2 things constitute fraud?

Answer 18

A dishonest act, and deprivation, and risk of deprivation (taking something away from someone, which can include information)

Question 19

Non disclosure can constitute fraud when

Answer 19

It would be viewed by a reasonable person as a dishonest thing to do

Question 20

Is there a duty to disclose?

Answer 20

Depends on the level of risk (R v Currier)

Question 21

What is the act requirement that the Crown must prove for fraud?

Answer 21

That the dishonest act exposed the person to a significant risk of bodily harm

Question 22

What was the ratio of R v Mabior?

Answer 22

Where there is a realistic possibility of transmission of HIV, a significant risk of bodily harm is established

Question 23

A failure to disclose = fraud when

Answer 23

the dishonest act results in the complainant would not have consented had they known the accused was HIV+ and the sexual contact poses a significant risk of bodily harm (deprivation)

Question 24

What would negate the significant risk of bodily harm in relation to HIV?

Answer 24

Use of a condom, AND evidence of a low viral load

Question 25

Define de minimus

Answer 25

the law does not concern itself with trifles

Question 26

What is the effect of de minimus?

Answer 26

The act itself remains unlawful, but it goes unpunished