Law 2101 Lecture Notes - Lecture 14: Assault Causing Bodily Harm, Youth Criminal Justice Act, Indictable Offence
26 Oct 2016
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Document Summary
An act or omission considered to be a wrong against society. Prosecuted by the state in criminal proceedings. Reserved for the most serious harms in society. Criminal cases brought in the name of the state. Beyond a reasonable doubt(crown must prove) All crimes statutory: controlled drugs and substances act, criminal code scope. Age: under 12 not an offence, 12-17 youth criminal justice act, 18+ criminal code. Time: no limitation period for indictable, 6 months for summary. Armed: actus reus , mens rea , defences. Assault offence: (1) a person commits an assault when (a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly. Causation: factual cause but for test, legal cause, need not be the sole cause, signi cant contributing cause, thin skull rule, novus actus interveniens (nai) In each of the following, has a caused the death: a gives v a fatal dose of arsenic.
