CRM 2300 Lecture Notes - Lecture 11: Culpable Homicide, Criminal Negligence, Mens Rea

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Christopher Sibbald

Document Summary

Definition of manslaughter: section 222 of the ccc identifies culpable homicide: murder, manslaughter and infanticide. Section 234 says that culpable homicide that is not murder or infanticide is manslaughter. There are two forms of manslaughter: section 222: unlawful act manslaughter: when the accused causes the death of a victim as a consequence of an unlawful act (assault) combination of section 222 and 234, manslaughter by criminal negligence. Murder: an accused person cannot be convicted of murder unless he subjectively foresees the likelihood of death ensuing from his conduct. The cc does not define the necessary mens rea. The supreme court of canada: objective foresight of the risk of bodily harm that is neither trivial nor transitory in nature. The crown must prove that the accused had the necessary mens rea for the commission of the unlawful act that resulted in death. Foreseeability of death is not required: but the foreseeability of bodily harm is required.