Legal Principles
the act of culpable homicide where the person who causes the death of a human being means to cause his death or means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not is one element of this crime
What is murder?
manslaughter under s.222(5)(a) of the criminal code and trafficking under section 4(1) of the Narcotic Control Act
what are Creighton's alleged crimes?
this Act governs the prosecution and sentencing of offenders under the age of 18
what is the Youth Criminal Justice Act?
Hughes' main charge (i.e., murder, shoplifting, etc.)
what is criminal negligence?
Motor home and Tractor trailer
what are the two vehicles involved in this case?
this offence is defined under section 219(1) of the Criminal Code.
what is criminal negligence?
what the particular person believed or intended to do versus what the reasonable person in the circumstance would do
what is subjective versus objective mens rea?
an act being _____________ is a consideration when determining whether unlawful act manslaughter has been proven, but it does not prove, in and of itself, the essential elements of the predicate offence or the reasonable foreseeability element
what is dangerous?
the elements of this type of causation include:
- whether the wrongdoer should answer for the consequences of their act because the outcome was intentionally produced or recklessly brought about
what is legal causation?
The actus reus of this crime is driving in a manner that is unsafe to the public in regard to all the circumstances
what is dangerous driving (causing death)?
elements of this offence include:
- an unlawful act that causes the death of another (actus reus)
- an intention that falls short of an intention to kill
- reasonable foreseeability of the risk of bodily harm (mens rea)
what is unlawful act manslaughter?
"the test should focus on objective foresight of serious bodily harm that is neither trivial nor transitory"
what is the majority decision on the objective test?
to prove this offence, the Crown must identify the unlawful act that is being relied upon, prove the actus reus and mens rea beyond a reasonable doubt, and prove that the objective reasonable foreseeability of risk has been satisfied
what is manslaughter?
this type of causation is concerned with how the victim came to their death with the contribution of the accused
what is factual causation?
distinction between _______ _________ (which can ground civil liability) and the ________ _________ (necessary for criminal liability must be identified
what is mere and marked departure?