Law 120

R v Brad Hill
Analysis
 What is a crime?
• Crimes invove two elements:
• -the physical act of doing wrong
(=Wrongful Act or Actus Reus)
• The intention of wanting to do something
wrong.(wrongful intention or Mens Rea)
 Actus Reus
• Actus Reus is not only the wrongful act but
also
• Posession of something deemed to be
illegal or illegally obtained and
• Omission when there is a duty to act but
no action is taken.
 When there is a charge
• There must be proof • But there is also the
beyond a reasonable right to seek a
doubt to link the defense based on
accused directly to certain criteria.
the offense
 What is the effect of the defense?
• Any reasonable defense can result in two
outcomes:
• A: the accusation can not be reasonably
maintained as there is enough doubt in
either one or both of the charged elements
of the offense;
• B: the defense results in a lesser charge
as there may be sufficient extenuating
circumstances.
 Key Elements in Brad Hill’s story
• Growing up without friends and role
models providing proper grounding in what
is referred to as common sense;
• Isolating hiself and meeting new friends in
a suspect environment;
• Being lured into activities that are
borderline legal but that are interpreted as
challenging by his new “friends” – he has
to prove himself.
• Brad is tense and afraid of real people and
is mentally unstable;
• Flashbacks of his past make him unstable
and act unpredictably: Brad is not really in
control of his actions.
 Emerging Issues, not necessarily
legal
• To what extent was Brad’s desire to overcome
his fears of real people grounded in his
experiences when his friend was killed?
• To what extent was Brad vulnerable in the chat-
room environment?
• Did Brad realize that the “challenges” to make
“real-looking” copies had the potential to lead
him into criminal behaviour?
• Was Brad being exploited?
• When Brad got all the material together to
make counterfeit money bills, do you feel
that he knew he was doing something
wrong? How do you know?
• Why was Brad fearful in meeting Glen?
• What did Glen do that would provide some
defense for Brad? What would it defend
Brad for?
• How would you assess Brad’s reaction
towards Glen when he saw Malcolm near
the ATM machine?
• What are the criminal elements of the
charges against Brad?
 Robbery and Extortion
• 343. Every one commits robbery who
• (d) steals from any person while armed
with an offensive weapon or imitation
thereof.

• What are the Actus Reus and Mens Rea

of this offense? Do Brad’s actions meet
the requirements of this charge?
 Robbery and Extortion
• 344. Every person who commits robbery is guilty
of an indictable offence and liable
• (a) where a firearm is used in the commission of
the offence, to imprisonment for life and to a
minimum punishment of imprisonment for a term
of four years; and
• (b) in any other case, to imprisonment for life.
• What are the Actus Reus and Mens Rea of this
offense? Do Brad’s actions meet the
requirements of this charge?
 Mischief
• 430. (1) Every one commits mischief who wilfully
• (a) destroys or damages property;
• …
• 4) Every one who commits mischief in relation to
property, other than property described in subsection (3),
• (a) is guilty of an indictable offence and liable to
imprisonment for a term not exceeding two years; or
• (b) is guilty of an offence punishable on summary
conviction.
• What are the Actus Reus and Mens Rea of this offense?
Do Brad’s actions meet the requirements of this charge?
 Uttering
• 452. Every one who, without lawful justification or
excuse, the proof of which lies on him,
• (a) utters or offers to utter counterfeit money or uses
counterfeit money as if it were genuine, …
• is guilty of an indictable offence and liable to
imprisonment for a term not exceeding fourteen years.

• What are the Actus Reus and Mens Rea of this offense?
Do Brad’s actions meet the requirements of this charge?
 Aggravated Assault
• 268. (1) Every one commits an aggravated
assault who wounds, maims, disfigures or
endangers the life of the complainant
• (2) Every one who commits an aggravated
assault is guilty of an indictable offence and
liable to imprisonment for a term not exceeding
fourteen years.
• What are the Actus Reus and Mens Rea
of this offense? Do Brad’s actions meet
the requirements of this charge?