Actus Reus The actus reus of an offence requires and act or omission, physical voluntariness, and causation. Omissions

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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.  shoots wife, claims accident. Crown must still prove murder. Presumption of innocence is golden thread.

M’Naughten – 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.

Actus Reus

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.

R v Thorton – 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.

Mens Rea

R 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.

R v Creighton – 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.

Corporate Homicide

R v Curragh Inc – 26 men die in a mine. No convictions because of problems with corporations and MR.

Inchoate Crimes

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.

Assault Defences

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.

R v McDonald – 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.

R v Williams – No conviction because couldn’t prove the woman was HIV- before encounter.

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