Week 1

Question 1

Actus Reus

Answer 1

The guilty act

• Conduct
• Consequence
• Circumstance
• Proven beyond a reasonable doubt

Question 2

Mens Rea

Answer 2

The guilty mind

*Proven beyond a reasonable doubt

Question 3

Causation

Answer 3

Legal question of whether a cause-and-effect relationship exists between the actions of the accused and the consequences that are an element of the offence
~s.222(1) : a person commits homicide when they directly or indirectly causes the death of a human being.

Question 4

R. v. Jordan

Answer 4

• Victim stabbed with a knife
• Wound stitched quickly
• Rx administered to prevent infection
• Death by broncho-pnuemonia (caused by the Rx not the stabbing)
• Example of causation

Question 5

R. v. Smith

Answer 5

• Victim stabbed with a bayonet (x3)
• Dropped en route to medical station
• Saline transfusion attempted (failed)
• No blood transfusion facilities
• Death by haemorrhage from pierced lung
• Example of causation