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Answer the questions about the scenario
Kelly was charged with aggravated assault under s. 268 of the Criminal Code following a late-night fight at a local pub. At trial, the prosecutor failed to prove that the victim was wounded, maimed or disfigured, but was able to prove that the victim suffered some minor bruising.
1. Can Kelly still be convicted of a simple assault under s. 265 of the Criminal Code even though they were not charged under that section, and why? (4 marks)
2. What is the mens rea for the offence of assault in this fact scenario? (2 marks)
3. What is the actus reus for the offence of assault in this fact scenario? (2 marks)
4. What does the Crown have to establish to prove the charge beyond a reasonable doubt? (3 marks)
5. At what level of Court can this case be heard? (2 marks)
6. If Kelly is convicted of an assault, what is the maximum sentence they could receive, and why? (2 marks)
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