CRM 2300 Lecture Notes - Lecture 6: Murder, Sport Utility Vehicle, Hogtie
18 May 2016
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To establish the causal link between the conduct and the consequences. Trotta case (2004), he assaulted and killed his 8-month old son, his wife did nothing to prevent it. Nette case (2001) the supreme court of canada ruled that: Factual causation: refers to facts of how the victim came about to his/her death. Once you prove this you go to legal causation. The crown must prove that but for the accused"s conduct that prohibited consequences would never have occurred. Legal causation: refers to whether the accused should be held responsible in law for the death that occurred. The conduct should be considered blameworthy to warrant criminal punishment. Foreseeability: the consequences of one"s action is foreseeable. Man goes to sell his bike, guy wants to take a test drive, meanwhile theres a guy hidden in the truck and takes off when the test drive starts. Seller realizes their stealing the bike jumps in his car and chases them.
