What is the test for determining whether a person has been found guilty of a charge of common assault?
Ontario, Canada
The following excerpt is from R. v. Overland, 2010 ONCJ 296 (CanLII):
[109] After applying the tests set out in Regina v. W.D., 1991 CanLII 93 (SCC), [1991] 1 S.C.R. 742, 63 C.C.C. (3d) 397, and Regina v. Beatty (supra), I am satisfied beyond a reasonable doubt that both the actus reus and the mens rea of the offence has been made out.
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