Bodily harm

court further concluded that since the Criminal Code treats an offence involving violence as different from an offence involving dangerous conduct, likewise YCJA when defining “violent offence” should have distinction between force-based and harm-based bodily harm. To conclude this case, the Supreme Court of Canada not only explained the definition of “violent offence” in YCJA, but also discussed, if punishment fits the crime. The SCC made it clear to pay respect to parliament when they pass a…

then failure to disclose HIV status will not constitute as fraud vitiating consent to sexual relations, as outlined in the Criminal Code, s. 265 (3). The test of realistic possibility of transmission is specific to HIV, depending on both the degree of harm and the risk of transmission (R v. Mabior, 2012, [V.A.:…

Question 1: A: True. Malice aforethought is “a planned killing motivated by spite” (Woolman, Homicide). Additionally, there is express malice. Express malice is the “defendant’s subjective intent to kill”, or more specifically their feelings or opinions (ChartaCourse). Hatred or the emotional equivalent is a person’s feelings or opinions and goes directly to subjective intent to kill. B. False. There does not have to be a “specific period of deliberation” or a showing that the defendant…

wall, and one fragment of glass struck a bystander and the accused was convicted, since it was an unlawful act, and a reasonable person would have foreseen the risk of non-trivial bodily harm. Similarly, Gride throwing the glass is an unlawful act, that a reasonable person would have foreseen the risk of non-trivial bodily…

Pregnancy and prenatal harm to offspring arise many issues. What is the right balance of the fetuses "rights" and the mother 's rights of bodily integrity? Finding the accommodating balance is both difficult and challenging. Both the fetus and mother must be analyzed and evaluated to come to an ultimatum deciding what is best for the unborn child, while also considering the mother 's rights to autonomy and bodily integrity. Robertson and Schulman say, "Ethical analysis must balance the mother…

It will depend on the severity of the harm done whether the crime is a felony or a misdemeanor. If the relationship between the defendant and the victim is past or present family, household, or dating it will qualify under the Violence against Women Act. Simple assault, aggravated assault, simple domestic violence, simple domestic violence third, aggravated domestic violence, and aggravated domestic violence are charges that apply to a person that is guilty of assault and domestic violence.…

There are currently five non-fatal offences against the person which are contained within two statutes, namely the Criminal Justice Act (CJA) 1988 and the Offences Against the Person’s Act (OAPA) 1861, as well as being developed within common law. Firstly the law is not codified under one piece of legislation. As the law of non-fatal offences against the person cannot be found within one statute – this makes the law unnecessarily complex. This complexity can be hard for the jury to understand…

Tom entered Doug’s apartment and verbally tells Doug he’s going to beat him badly, but the facts don’t show that Tom attempted to physically harm him or if there was any other threat that could justify shooting Tom. Therefore, based on Doug’s actions, and Tom’s lack thereof, malice aforethought can be established. Therefore, Dan may be convicted of murder. First Degree Murder First degree…

sexual demand resulted in her getting stabbed to death. As a whole, this incident involving the Spaniard’s act of sexual violence reinforces the ideas that his intent to cause bodily harm to members of a particular would be classified as genocide. Taking out his dagger before anything happened was sign that he was prepared to harm someone and was not afraid to do. That Spaniard in particular having that mindset is associated with…

relationship, you should understand these three facts about domestic violence. It Does Not Have to Involve Physical Harm While physical abuse is one aspect of domestic abuse, not all instances of domestic abuse involve physical harm to the victim. Minnesota State Law defines domestic violence as: Physical harm, bodily injury, or assault; the infliction of fear of imminent physical harm, bodily injury, or assault; or terroristic threats…criminal…