CRIM 230 Lecture Notes - Pruning Shears, Fundamental Justice, Obiter Dictum
24 Feb 2013
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Where a consequence is essential part of offense, crown must show that it was caused by accused. Trakas (oca 2008) shilon (oca 2006) motorcycle turns to high speed chase. For trakas, yes, his suv rammed into a cop. Also yes for shilon, there would not have been a car case if not for the theft. Not speeding at the time and driving normally. Legal causation? foreseen an officer suddenly appearing on the road in those circumstances. Oca said shilon could be guilty of criminal negligence causing death. Where conduct is inherently dangerous and carried with it a reasonably foreseeable risk of immediate and substantial harm, the test for legal causation will have been met. Trakas"s actions were a predictable consequence of shilon. No definitive legal guidance generally, it would be a function of accepted medical practise . If you kill someone, it does not matter that they were soon to die anyway.
