A1.
Trespassing at night
177. Every one who, without lawful excuse, the proof of which lies on him, loiters or prowls at night on the property of another person near a dwelling-house situated on that property is guilty of an offence punishable on summary conviction.
R.S., c. C-34, s. 173.
Actus Reus?
Mens Rea?
Meaning of loitering?
Meaning of prowling?
What exactly did Amir do? Did his actions match the charge of s177 as described?
Why would Amir be described as having no "lawful excuse?
Loitering: to stand idly, to stop numerous times, or to delay and procrastinate.
Prowling: Accustomed to prowl, or engaged in roving stealthily, as for prey
A2 Theft:
322. (1) Every one commits theft who fraudulently and without colour of right takes, or fraudulently and without colour of right converts to his use or to the use of another person, anything, whether animate or inanimate, with intent
(a) to deprive, temporarily or absolutely, the owner of it, or a person who has a special property or interest in it, of the thing or of his property or interest in it;
http://www.defencelaw.com/penalty-dishonesty.html
Defenses: Mental State(Mental Disorder, Automatism, Intoxication), Justification (Self-Defence, Battered Women Syndrome, Defence of a Dwelling, Necessity, Compulsion or Duress, Provocation, Aboriginalor Treaty Rights), Other (Mistake of Law and Fact, Double Jeopardy, Alibi, Entrapment)
Did Amir have the mens rea required by s322 to fulfill the charge?
