Actus Reus The actus reus of an offence requires and act or omission, physical voluntariness, and causation. Omissions
R v Oakes
– Found with 8 vials of hashish oil and $619.45 cash. Possession cannot give presumption of trafficking s11(d).
R v Woolmighton
– CL England.
, claims accident. Crown must still prove murder. Presumption of innocence is golden thread.
– Presumption of sanity is allowed.
R v St Onge Lamoureax
– s258(1)(g) presume that breathalyzers accurate to remove Carter. Must have exptert show it didn’t and that caused the reading of over .08. Upheld under s1.
R v Instan
– Lets aunt die of gangrene without helping in anyway or telling anyone. Violated legal duty.
People v Beardsley
– Man drinks with mistress. She takes morphine. He doesn’t help. No legal duty to woman who is not wife.
R v Urbanovich
– Co-accused with husband. He abuses infant. She also convicted for failing to intervene.
– Knowingly donates HIV positive blood. Creation on new legal duty to fit it into s180 common nuisance.
R v. Blaue
– Treatable stab wounds but Johovah’s witness turns down blood and dies. Doesn’t sever causation.
R v Smithers
- kicks Coby. Aspirates from throwing up and dies of faulty epiglottis. Causation found.
R v Nette
– Someone else hog-ties 95 year old woman in B&E, dies. liable too. No higher standard for second degree murder.
R v Maybin
– Brothers beat victim unconscious in bar fight. Bouncer steps in and hits him too. Dies. Not an intervening act.
v Sault Ste Marie
– City privatizes garbage removal. Results in hazardous erection of garbage near stream. Creation of strict liability. City guilty.
Re BC Motor Vehicles Act
– Driving without valid license statutory absolute liability offence with potential prison violates s7.
R v Raham
– Stunt driving = 50km over speed limit. Due diligence is actually available allowing SL and jail.
R v Wholesale Travel
– Advertised “wholesale” prices, which were more than that would be. False advertising charge. SL and due diligence are constitutional for regulatory offences.
– Injects cocaine (trafficking), convicted of unlawful act manslaughter. Only needs foreseeable bodily harm.
R v Briscoe
– drove car to take girl to golf course knowing Laboucan wanted to kill. witnesses rape but doesn’t assault girl. By not asking he was willfully blind and guilty.
R v ADH
– didn’t know she was pregnant. Gives birth early in Walmart bathroom. Believing child stillborn leaves it. Child abandonment must have subjective MR.
R v Vaillancourt
– Robbery, wants to use knives not guns. Accomplice brings gun. asks for bullets and keeps in glove. Gun kills. Subjective MR required for murder.
R v Curragh Inc
– 26 men die in a mine. No convictions because of problems with corporations and MR.
R v Sorrell
– Attempted robbery charge acquitted.
Wearing masks and had guns
, shake door then leave.
R v. Lucas
– Breaking glass door sufficient for attempted robbery.
R v Jobidon
– Consensual evenly matched bar fight. Cannot consent to serious bodily harm.
R v Paice
– Serious harm must be indented and caused to vitiate consent.
– Fight over victim going to front of Subway line. Consent should be left to jury when serious harm not indented.
R v Currier
- HIV+ told by nurse to use condoms. Doesn’t and lies. Non-disclosure plus risk of serious bodily harm is fraud, vitiating consent.
– No conviction because couldn’t prove the woman was HIV- before encounter.
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