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Criminal Negligence

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Philosophy 2080
James Hildebrand

CRIMINAL LAW CRIMINAL NEGLIGENCE REGINA V TUTTON WILSON J y McIntyre and Lamer JJ appeal should be dismissed and a new trial ordered because the trial judges charge failed to make clear to ten jury that the Crown had the burden to prove all the elements of the offence of manslaughter by criminal negligence y I do not agree with my colleagues conclusion that criminal negligence under s202 of the Criminal Code consists only of conduct in the breach of an objective standard and does not require the Crown to prove that the accused had any degree of guilty knowledge y McIntyredefence in this case centered around their claim of honest but mistaken belief s to the nature of their sons condition y Because of their religious convictions they sincerely believed that he had been cured by divine intervention and were unaware of the serious nature of his illness following the withdrawal of insuliny Distinction should be made between acts of commission and acts of omission and in the latter case a subjective test should be used y The Court of Appeal
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