LY205 Chapter Notes - Chapter 5: Forensic Pathology, Childrens Hospital, Expert Witness
Document Summary
Unlawful act manslaughter: an offence that imposes objective liability. Elevated standard of care: this is the standard of care expected of a reasonable person who has acquired the necessary expertise and training to engage in such activities. Marked departure test: to determine if there has been a departure from the standard of care expected of a reasonable person that the accused can be convicted of a criminal code offence. Uniform standard of conduct in objective liability test: Dangerous driving: (dangerous operation of a motor vehicle) arises under section 249 (1) of the ccc. Ontario: section 130 of the highway traffic act. Everyone is guilty of the offence who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway. - fine, up to 6 months in prison, or both.
