CRIM 230 Lecture Notes - Lecture 3: Culpable Homicide, Homicide, Criminal Law Of Canada
25 May 2017
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Document Summary
Crim 230 - lecture 3 - causation in criminal law. Examines specific aspect of actus reus requirements for conviction of criminal offence. Discusses problems of causation in homicide cases. Introduces fundamental principles of causation embedded in criminal law. Causation issues relevant to cc offences where crown must prove certain consequences occurred as result of accused"s conduct. Causation - thus component of actus reus of prohibited conduct. Nette case (2001) - scc rules there are 2 issues to be considered in determining whether accused"s conduct caused prohibited consequence. Factual causation - concerned with an inquiry about how the victim came to his or her death, in a medical, mechanical, or physical sense . Legal causation - concerned with the question of whether the accused person should be held responsible in law for the death that occurred . Factual causation - issue that can be decided by asking whether prohibited consequences would not have happened but for conduct of accused.
