CRM 2300 Lecture Notes - Lecture 7: Brain Death, Criminal Negligence

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Lecture 7 wednesday, february 3, 2016: the case of intervening acts continued. Very challenging: homicide cases: more than one offender, more than one cause of death. When an interviewing act or event occurs between the accused persons initial wounding of the victim and the victims subsequent death. Nette test applicable in such cases: initial wound was significant contributing cause or (wants this answer on, the intervening act was reasonably foreseeable consequence of the accused midterm) persons conduct. If you have a complicated question, go to your but for question. The duty to provide the necessaries of life to a dependant person. What if the accused was not aware of the fact that a person to whom she/he owed a duty to provide the necessaries of life was actually in need of the accused"s assistance. The general principle; no liability for omission unless there is a pre-existing duty to act: even step parents or guardian.

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