CRM 2300 Lecture Notes - Lecture 5: Actus Reus, Criminal Negligence, Sport Utility Vehicle

• School: University of Ottawa
• Department: Criminology
• Course: CRM 2300
• Professor: Vajmeh Tabibi

Document Summary

Introduction: consequences: an element of actus reus, more than one accused, intervening factors, to establish the causal link between the conduct and the consequences. But for : crown must prove: trotta case (2004, assaulted and killed his 8 month old son, wife did nothing to prevent it, convicted of 2nd degree murder. Causation: nette case (2001) the supreme court of canada ruled that, factual causation: refers to facts of how the victim came about his/her death. Legal causation: refers to whether the accused should be held responsible in law for the death that occurred. Factual causation: factual causation: the crown must prove that but for the accused"s conduct,, the prohibited consequences would never have occurred, easy to prove, can be determined by scientific, medical. Legal causation: the conduct should be considered blameworthy to warrant criminal punishment: foreseeability: the consequences of one"s action is foreseeable.