CRIM 230 Chapter Notes - Chapter 3: Transferred Intent, Partial Defence, Culpable Homicide
25 Jul 2013
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There must be causal connection between accused"s conduct and the consequences prohibited by the criminal law. Can be decided by asking whether the prohibited consequences would not have happened but for the conduct of the accused: legal causation question of whether the accused should be held responsible in law for the death. Around the fairness of holding an accused person criminally responsible. Often can be determined by asking whether the prohibited consequences were foreseeable. In some cases, the necessary mens rea for an offence may be recklessness as to the consequences of one"s conduct. A reckless person foresees that his or her conduct may produce a prohibited consequence and does not care whether or not that consequence occurs. It is a relatively simple task for the crown to establish the necessary cause chain, where the consequences of one"s conduct are actually foreseen even if the accused did not intend to bring such consequences about.
