CRIM 230 Chapter Notes - Chapter 3: Criminal Negligence, Pickup Truck, Actus Reus
11 Jun 2017
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Where essential element of actus reus of offence is occurrence of certain specified consequences, must be proved that defendant"s conduct caused those consequences. E. g. in trotta case (2004), husband & wife charged w/ various offences following death of 8 month old son. Evidence - to effect that husband had assaulted baby & that wife did nothing to prevent it knowing of the abuse. Trial judge instructed jury - [t]he crown must prove that marco trotta caused the death of paolo trotta. Perhaps the best way to approach this third ingredient, the ingredient of causation, is to ask yourselves the following question. In other words, would paolo"s death have occurred anyway even if marco had not been assaultive towards him? . Husband was convicted of second degree murder & wife of criminal negligence causing death. One of grounds of appeal concerned trial judge"s instruction to jury on matter of causation.
