Lecture 13

Question 1

what were the facts for the MacIsaac case?

Answer 1

• Occurred in the senior men’s hockey league in Ottawa.
• It was a body check that caused facial lacerations.
  It occurred in a non-contract league
• The hit was made with only 47 seconds left in the game
  -The injury caused the victim lasting issues following the contact.
• Page 9 of the Rules covered body contact:

Question 2

what was MacIsaac pleading?

Answer 2

not guilty

Question 3

outcomes of the MacIsaac case

Answer 3

• The Actus reus and mens rea of this offense have been proven beyond a reasonable doubt. There will be a finding of guilt.
• MacIsaac (the accused) was convicted of aggravated assault

Question 4

what happened after the verdict in the MacIsaac case?

Answer 4

• court of appeal overturned decision and ordered a new trail
• second trail - found guilty again

Question 5

Actus Reus

Answer 5

Of the offense - intentional application of force without consent resulting in wounding, maiming, disfigurement or endangerment of life.
The act, not just that you make contact

Question 6

Mens Rea

Answer 6

of the offense - includes the intentional application of force without consent and the objective foreseeability of bodily harm
- mental component to criminal