LY205 Lecture Notes - Criminal Negligence
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Criminal Law in Canada
September 27, 2012
Week 3, Thursday.
A model of the reasonable person:
what a reasonable person would do in those situations
Causality: (two types)
Factually causation: what was caused (A causing B) If I hit a gong, the result is ringing- the factual
cause is swinging the hammer to hit the gong. What actually happened- you can prove it.
Legal Causation: imputable. About who will be held responsible. Legal responsibility.
But For: but for you this having done this, this would not have occurred. (if you hadn't taken this road,
you wouldn't have crashed the car)
infant who was assaulted by mr troatta, mrs did not report it to proper authorities.
Husband brought up on second degree murder. Mother was convicted of criminal negligence. (she
could've done something to stop it, she should've because she had a duty to her children) duty ends
when the child is 16. Everyone is able to have the necessary's (provided by parents) of life until age 16.
Mother also had a moral duty to report the father.
Foreseeability: did you or could you have prohibited the consequences of the act? Could you
reasonably see the consequences of your act? Can you envisage what the consequences are?
Trakas case: 2008
and the associated Shilon case: 2006
mr. trakas was selling a legal motorcycle. Somebody showed up in a pick up truck. Wants to do a test
drive. Drives off in the motorcycle- someone was in the truck and drove off in it. So both truck and
motorcycle are gone right now. Trakas gives chase. Trakas calls after he begins chasing. Swerving in
and out of traffic, reaching speeds up to 180 km per hour. While he is chasing, he's on the phone with
the police. A police officer steps out on the road, and unfortunately trakas ran him over and killed him.
When that occurs, he's going to be charged with manslaughter. He was acquitted. But he was running
red lights, speeding, swerving, etc. Something happened that made him not criminally responsible-
CAUSATION. Independent intervening variable. He was obeying all the rules of the road when he hit
the police officer though. At the time of which the chase was happening, he was dis obeying the law.
But when he hit the officer he was obeying the rules of the road etc.
Shilon was convicted of something because in his case he was trying to flee from having committed a
Trakas was also convicted of something. -what?
Test for causation:
Is something inherently dangerous? Is there a foreseeable risk of immediate and substantial harm?
When is someone dead?
•Cease breathing- mirror over the mouth to see if you can get condensation etc.
•Heart has stopped beating (that includes resuscitation)
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