Chapter 11

Question 1

What is the actus reus of “uttering threats” ?

Answer 1

The actus reus for uttering threats is the actual speaking or the writing of the threat.

Question 2

What is serious bodily harm under the law ?

Answer 2

Any hurt or injury that interferes in a grave or substantial way with the physical integrity or well-being of the complainant.

Question 3

How can the courts determine if certain words can accumulate to a threat ?

Answer 3

The courts must look at whether if a reasonable person would have interpret the words as a threat.
Words spoken in jest or as a joke can not be taken seriously. ( A reasonable person would take it as a joke rather than a threat )

Question 4

What happens if you threaten someone but don’t carry it out or never intended to in the first place ?

Answer 4

In this case, it does not matter if the person intended to carry it out or not because the criminal sanction is based on the fear of the “victim”

Question 5

What are the 3 ways someone can commit an assault ?

Answer 5

1. w/o the consent of another person, he applies force intentionally to that other person, directly or indirectly
2. he attempts or threatens, by an act or a gesture to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he will carry the act out
3. while openly wearing or carrying a weapon or an imitation thereof, accosts or impedes another person

Question 6

What is the actus reus of an assault ?

Answer 6

• Physical act of applying force to another person

- Without the other persons consent

Question 7

What is the mens rea of assault ?

Answer 7

The intention to apply force to the other person, indicated by the word INTENTIONALLY

Question 8

Is there a minimum amount of force for there to be an assault ?

Answer 8

NO, an assault can be committed even when no degree of strength or power is exerted. ( Hand on thigh, close to no force or strength but still an assault )

Question 9

What can be said about 2 adults consenting to fighting each other ?

Answer 9

Consent is limited where 2 people agree to fight.
Under “common law rule” : A person cannot give valid consent to physical force used in anger where it is likely to cause or does cause bodily harm.
( In other words, it is not in the public’s interest to allow 2 adults to fight without good reason)

Question 10

What is a situation in which there is consent to fight or implied consent to being hurt ?

Answer 10

An example could be hockey, it is a very physical sport and there is implied consent that you may get harmed.
Any medical treatment or surgery and even stuntmen or daredevils.

Question 11

Does actual physical contact need to be made for there to be an assault ?

Answer 11

NO, actual physical contact is not required for an assault but things like threatening motions or moves can be an assault under s.265(1)(b)
Words alone are not enough for an assault but are enough for the offence of uttering threats.

Question 12

What are the 4 types of assault ?

Answer 12

1. Assault ( simple assault )
2. Assault with a weapon and assault causing bodily
3. Aggravated assault
4. Assaulting a police officer

Question 13

What are the 3 types of sexual assault ?

Answer 13

1. Sexual assault
2. Sexual assault with a weapon, threatening to cause bodily harm to a person other than the complainant or causing bodily harm to the complainant
3. Aggravated assault

Question 14

What is the age of consent ?

Answer 14

Age of consent in Canada right now is 16 years old

Question 15

What is the “peer group exception” ?

Answer 15

It is an exception made when the 2 partners are close in age and under the age of consent.

Question 16

What are the 3 exceptions ?

Answer 16

1. Whenever they are 12 or 13 yrs old, they can consent to sex with another young person who is less than 2 years older than themselves. ( 12 >-< 14 yes, but not 12 >-< 15 )
2. Whenever they are 14 or 15 yrs old, they can consent to sex with another young person that is less than 5 years older than themselves. ( 14 >-< 19 yes, but not
   14 >-< 20 )
3. Whenever they are 16 or 17 yrs old, they can consent to sexual activity as long as their partner is at least 14 yrs old

Question 17

What are the punishments for simple assault ?

Answer 17

Simple assault is a hybrid offence.

• Max of 5 years (indictable)
• Max of 6 months (summary)

Question 18

What are the punishments for assault with a weapon or assault causing bodily harm ?

Answer 18

Assault with a weapon or causing bodily harm is a hybrid offence.

• Max of 10 years (indictable)
• Max of 18 months (summary)

Question 19

What is the punishment for aggravated assault ?

Answer 19

Aggravated assault is an indictable offence.
- Max is 14 years in jail

Aggravated assault includes wounds, disfigures, endangers life of another person.

Question 20

What is the mens rea for sexual assault ?

Answer 20

Intention to touch in a manner that is sexual.

Question 21

What does “sexual” mean under the law ?

Answer 21

Committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated.

Question 22

What are the 5 situations in which consent cannot be obtained ?

Answer 22

1. The consent is expressed by someone other than the complaint
2. Incapable of consenting
3. Authority, or power over someone
4. Lack of agreement
5. Lack to continue (consenting)

Question 23

Can someone consent beforehand knowing they will be unconscious after they “start” ?

Answer 23

No, the consent has to be present throughout the whole time or sexual activity.

Question 24

Is it illegal to not tell someone you are HIV + and they consent to having sex not knowing you have HIV ?

Answer 24

If you don’t tell someone you are HIV + and they consent, their consent is vigiated since they did not know everything about the situation.

Question 25

What 2 things must be present in order for someone with HIV to not have to tell their partner they have HIV ?

Answer 25

1. A low viral load AND

2. Used condoms properly