CRIM 230 Chapter Notes -Actus Reus, Criminal Negligence, Brain Death
2 Aug 2014
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Ewart 1990) foreseeability - whether consequence was foreseeable - central issue to mens rea ex. Most common form of assisted suicide is ingestion of lethal dose of drugs provided by another person for this purpose: assisting or even encouraging person to commit suicide ex. Liability of accused where there is more than one cause of death defendant"s act does not have to be the "sole" cause of victims death: ex. The special test of causation that applies to first degree murder under sections 231(5) and (6) of cc: crown must prove murder was "planned and deliberate" if accused convicted of first degree murder, planned and deliberate - sect. Intervening act - events that occur b/w defendants original wounding of victim and the latter"s subsequent death (ex. Powder was not aware of victim"s condition, but rusland did and deliberately frightened him to death by pushing him around. Death caused by influence on mind alone: healthy.
