LS202 Lecture Notes - Lecture 6: Jack Kevorkian, Euthanasia, Actus Reus

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When the consequences element of actus reus must be proven, crown must prove accused actually caused the consequences. Basic but for test (if it weren"t for the accused persons conduct, the bad thing wouldn"t have happened), but for the actions of the accused, the bad thing wouldn"t have happened. Two important considerations: factual causation & legal causation. Factual causation (deals with but for test: based on facts of case (ex. how did the victim die?, focused on accused"s contribution to consequences (ex. pulled trigger) Legal causation: based on application of law, focused on whether accused should be held legally responsible for consequences (ex. second degree murder, when crown would bring in evidence of actus reus and mens rea, building their case. Typically, the crown would deal with factual causation first, then move onto legal causation. Most of the time, both causation need to be proven to convict.

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