LAWS 2202 Lecture Notes - Lecture 5: Absolute Liability, Homicide, True Crime
18 Dec 2017
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Laws 2301-lecture 5 - criminal law and liability. R v thornton (it"s a really go case, said by the prof: he donated his blood to the red cross, even though he knew was hiv positive. 407: charged with negligence to cause in death. Giving brown an obligation: since brown said i"m going to take her to the hospital . The phone call to 911 was not a consequences. The fact that he said he was going to take her to the hospital is insufficient. Look at the words, because they are important, but put them into context with the relationship to the accused and deceased. Words alone are not enough, you also have to look at the relationship. The crown has to establish that the accused had the intent to commit the crime beyond a reasonable doubt. Mens rea if a tough thing for the crown to establish because they have to get inside the accused"s head.
