CRIM 230 Lecture Notes - Lecture 5: Black Ice, Incest, Summary Offence
8 Dec 2016
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X dies as a result of some subsequent act or event which would not have occurred but for. Subsequent act is reasonably foreseeable then accused is liable. Subsequent act is not reasonably foreseeable then accused is not liable. R. v. maybin an accused who undertakes a dangerous act, and in so doing contributes to a death, should bear the risk that other foreseeable acts may intervene and contribute to that death. R. v. sinclair & pruden-wilson both factual and legal causation established. R. v. ewart factual causation but no legal causation. The other driver"s conduct was not reasonably foreseeable. R. v. nodrick factual causation but no legal causation. This section provides that a person commits homicide if he/she does anything that results in the death of another person even if proper treatment could have prevented death from that cause. R. v. tower victim refuses treatment, dies, tower who injured the victim is guilty of manslaughter.
