CRM 200 Lecture Notes - Lecture 5: Asphyxia
Fact Pattern Methods:
Questions you should ask yourself any time you are dealing with a FPQ:
1. What are the main issues in the case? What facts are relevant?
2. What is the applicable legislation in relation to the issues?
3. What is the guiding case law on the matter?
4. What room for argumentation is there for both sides (argument & counter-
argument)?
In Class Fact Pattern Questions:
Week 1:
Joe is Tammy’s boss at Jack Astor’s Restaurant in Toronto. Tammy has told him
several times that she is not satisfied with her husband, and other employees at
the business have told Joe that Tammy wants to have an affair with him. At the
company Christmas party, Tammy has a bit too much to drink and Joe offers to
drive her home. When they arrive at her house, Tammy tells Joe that she wants
him to come inside and “take her to bed”. The two go inside to Tammy’s
bedroom, but Tammy falls asleep while Joe is washing up in the bathroom. Joe
decides it would be best for him to leave.
On his way out of the house, Joe sees Tammy’s husband, Daniel, pulling into the
driveway. Scared of what Daniel might do to him, he waits behind the front door,
and punches Daniel in the head when he enters the home, knocking him
unconscious. Joe runs out of the house and leaves immediately, in an attempt to
escape before Daniel wakes up. Unbeknownst to Joe, Daniel has a brain condition
that causes his brain to bleed when subject to any kind of trauma. Police
eventually arrive at the scene and rush Daniel to the hospital. A rookie doctor
treats Daniel, accidentally giving him medication that accelerates the bleeding of
his brain. Daniel subsequently dies from his head wounds.
Discuss any potential criminal liability of the parties in this scenario.
Week 2:
1. David was subpoenaed as a Crown witness to a preliminary inquiry involving a
charge of attempted murder against two accused. He attempted but refused to
be sworn and was insolent and abusive toward the presiding judge, including
calling him a "dickweed". The Judge convicted him of contempt of court instanter
(Immediately), with no notice of show cause hearing and no reasonable
opportunity for him to speak with a lawyer. What issue could David raise on
appeal?
2. Daniel sexually assaulted a young boy. After the sexual assault was over, Daniel
told the young boy "Don't you even think about telling anyone about this." When
the young boy did not acknowledge what he said, he became worried that the
child would tell his mother about the incident, and decide to murder the young
boy. At trial, Daniel's lawyer argues that he never planned nor intended to
murder the boy, but was consumed with fear of being apprehended. What are
the issues of criminal liability in this case?
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Document Summary
Joe is tammy"s boss at jack astor"s restaurant in toronto. Tammy has told him several times that she is not satisfied with her husband, and other employees at the business have told joe that tammy wants to have an affair with him. At the company christmas party, tammy has a bit too much to drink and joe offers to drive her home. When they arrive at her house, tammy tells joe that she wants him to come inside and take her to bed . The two go inside to tammy"s bedroom, but tammy falls asleep while joe is washing up in the bathroom. Joe decides it would be best for him to leave. On his way out of the house, joe sees tammy"s husband, daniel, pulling into the driveway. Scared of what daniel might do to him, he waits behind the front door, and punches daniel in the head when he enters the home, knocking him unconscious.
