LAWS 2302 Lecture Notes - Lecture 3: De Minimis, Murder, Royal Canadian Legion
19 Feb 2014
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Lecture 3 (2) the accused"s act need merely be a contributing cause outside the de minimus range the accused"s intention is irrelevant, as is the foreseeability of the harm. If there is more than one contributing cause, it doesn"t matter which one contributed more. (1) the factual determination of causation is to be made by the trier of fact, based on all the evidence, both expert and lay. Convicted of manslaughter; unsuccessful appeal to ont. Facts: feb. 18, 1973, applewood midget team played hockey against cooksville midget. : is the malfunctioning epiglottis (assuming the malfunction was not caused by the. The accused"s intention is irrelevant, as is the foreseeability of the harm. The contributing condition of a malfunctioning epiglottis is immaterial. The smithers test: the accused"s act need merely be a contributing cause outside the de minimus range, the accused"s intentions are irrelevant as is the forseeability of the harm.
