PLEASE READ THE FOLLOWING SCENARIO AND ANSWER THE QUESTIONS AT THE END.

Dana, like many young women, has long felt society's pressure to look perfect. She feels that in her circle of friends, she is the least attractive.

Dana is particularly concerned that her backside is not very voluptuous. She feels bombarded by media showing very attractive young women, not to mention the Kardashians with their medically enhanced bodies. After talking with her friend Mandy, Dana decided to look into some medical enhancements herself.

Dana was shocked to discover the outrageous cost of the medical procedures she was considering. She and Mandy looked through many advertisements trying to find a place Dana could afford. To their surprise, they found an affordable small clinic that advertised injections to enhance a person's curves. This is just what Dana was looking for.

Dana met with Dr. Walsh who assured her the injections were safe and that she would achieve the result she was looking for. The cost was $1500, a fraction of the price at any other clinic. Dana agreed and scheduled the procedure.

Dana found the procedure extremely painful. Within a couple of days, there was significant swelling, pain and discolouration. Dana developed a high fever and suspected she had an infection. She saw her family doctor who prescribed anti-biotics.

After doing some research, Dana realized that the substance that was injected is not legal for use on humans. It is actually a material intended for use in building construction. Dr. Walsh is also currently suspended from practicing medicine. Dana was livid. Dana spoke with the police and Dr. Walsh has been charged with assault.

The relevant parts of section 265 of the Criminal Code state as follows:

265(1)A person commits an assault when

(a)without the consent of another person, he applies force intentionally to that other person, directly or indirectly;

...

(3)For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of

(a)the application of force to the complainant or to a person other than the complainant;

(b)threats or fear of the application of force to the complainant or to a person other than the complainant;

(c)fraud; or

(d)the exercise of authority.

A. DESCRIBE 3 RELEVANT FACTS [6 marks]

B. DESCRIBE 3 IRRELEVANT FACTS [6 marks]

C. IDENTIFY 3 LEGAL ISSUES [9 marks]

D. IF YOU ARE DEFENDING DR. WALSH, NAME 3 ADDITIONAL PIECES OF INFORMATION YOU WOULD LIKE TO HAVE AND EXPLAIN WHY THE INFORMATION IS LEGALLY RELEVANT [9 MARKS]