R.v.Nette: Proving Causation in Criminal Liability
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R.v.Nette: Proving Causation in Criminal Liability

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Questions and Answers

What was the primary cause of Clara Lovsky's death according to the Crown's medical expert?

  • Asphyxiation due to the position she was left in after being tied up (correct)
  • Strangulation from the electrical wire used to tie her to the bed
  • Complications from her advanced age of 95 years old
  • Injuries sustained during the break-in and robbery
  • What was the primary defense argument made by the accused, Mr. Neat, regarding his confession to the crime?

  • He was not physically present at the scene of the crime
  • The confession was fabricated and not truthful (correct)
  • The medical evidence was inconclusive about the cause of death
  • He was coerced into confessing during the undercover operation
  • What was the ultimate criminal charge that Mr. Neat was facing?

  • Involuntary manslaughter
  • Second-degree murder
  • Manslaughter
  • First-degree murder (correct)
  • What was the key issue that the Canadian Supreme Court had to address in this case?

    <p>Whether the accused could be held criminally liable for the victim's death</p> Signup and view all the answers

    What terminology does Justice Leroux Dubé propose to use in place of 'not significant' or 'not trivial' in the causation standard?

    <p>Significant contributing cause</p> Signup and view all the answers

    How do the four justices who disagreed with the reformulation of the Smithers test perceive the term 'significant' compared to 'not insignificant'?

    <p>Significant means more than not insignificant</p> Signup and view all the answers

    What impact does the reformulation of the Smithers test have on the causation threshold for culpable homicide?

    <p>Increases the causation threshold</p> Signup and view all the answers

    Why do some scholars and jurists challenge the court's reformulation of the Smithers test?

    <p>They see a substantive change in the causation standard</p> Signup and view all the answers

    What was expressed by Justice Claire Lerue Dubé in her concurring opinion regarding the Smithers test?

    <p>Doubts about the reformulation's impact on defendants</p> Signup and view all the answers

    How do the judges who wrote the concurring opinion perceive the change in language in terms of semantics versus substance?

    <p>'Significant' changes the substance of the standard</p> Signup and view all the answers

    What is required for causation to be established in Canadian criminal law?

    <p>The offender's action or omission must be a contributing cause of the prohibited result or harm.</p> Signup and view all the answers

    According to the Smithers test for causation in Canadian criminal law, what is required for the accused's conduct to establish factual causation?

    <p>The accused's conduct must contribute to the victim's death or injury outside of the minimus range.</p> Signup and view all the answers

    What was the key issue before the Canadian Supreme Court in the case of The Queen v. Neate?

    <p>Whether the standard of causation applicable was the 'beyond the minimus' standard articulated in Smithers.</p> Signup and view all the answers

    What was the outcome of the Canadian Supreme Court's decision in The Queen v. Neate?

    <p>The court upheld the defendant's conviction for second-degree murder.</p> Signup and view all the answers

    What was the key disagreement among the judges in the Canadian Supreme Court's decision in The Queen v. Neate?

    <p>Whether the majority's reformulation of the Smithers test was appropriate.</p> Signup and view all the answers

    What was the majority's view on the Smithers test for causation in The Queen v. Neate?

    <p>The Smithers test was sound in substance but could be improved in its articulation.</p> Signup and view all the answers

    What is the key purpose of the causation requirement in Canadian criminal law?

    <p>To prevent individuals from being held criminally liable for harm they did not cause.</p> Signup and view all the answers

    What is the key difference between the Smithers test and the majority's reformulation of the test in The Queen v. Neate?

    <p>The Smithers test is focused on the substance of the causation requirement, while the reformulated test is focused on the articulation of the test.</p> Signup and view all the answers

    What is the significance of the Canadian Supreme Court's decision in Smithers v. The Queen for understanding causation in Canadian criminal law?

    <p>It established the authoritative test for factual causation in Canadian criminal law.</p> Signup and view all the answers

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