CRI225H1 Lecture Notes - Lecture 5: Mens Rea, Microcurrent Electrical Neuromuscular Stimulator, Actus Reus
13 Dec 2016
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Assault causing bodily harm is different from assault. Assault causing bodily harm crown has to prove both assault application of force without consent and that assault caused bodily harm. Involve specific circumstances assault is application of bodily harm without. The accused has to have the capacity to make the decision. Ask these questions and you can find the elements of the offence. Absence of consent is required part of actus reus crown must prove lack of consent. Even if factually, there is consent, there are some circumstances, under which, consent is vitiated. Absence of consent = absence of valid consent: dishonesty, risk of deprivation. You have to lie to someone in a way that creates harm. Exposing them to some sort of risk or harm in order for dishonesty to amount to fraud. Actual harm not required, only risk of exposure. Exposure to the risk of serious bodily harm is sufficient.
