Causation in the Criminal Law midterm 1

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consequences are an element of actus reus

True (A)

To establish capability is to

Explain the case of R.v. Trotta (2004) (murder,child)

In order to establish causation you have to formulate a but for question (“But for”; would the baby have died anyways even if his father had not assaulted him?)

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Causation Nette (2001) the supreme court of canada ruled that accused’s conduct caused a certain prohibited consequence:

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Factual causation refers to

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Consequence is an important part of the case the crown must prove the factual causation first then the legal causation

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Legal Causation refers to

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what is the F word?

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What is Factual causation?

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Factual causation is Easy to prove and Can be determined by scientific, medical, mechanical and expert evidence

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What is Legal Causation?

the conduct should be considered blameworthy to warrant criminal punishment Signup and view all the answers

(Blameworthy is connected to → “the f word”)Foreseeability: the consequences of one’s action is foreseeable, hence there is a causal link between the action and it consequences (focus on facts of case, case itself)

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Explain the Trakas case (2008) (motor bike)

Listed motorbike online, someone showed interest, went to the place had a truck, asks to ride the bike, says truck is there (hinting that he will return the bike), chased them as the person in the passenger side moved to the driver's seat and drove away, they did not stop for stop signs and trafficators and they were speeding, he called the popo and was still chasing them as he was not told otherwise, Trakas hit the popo going down a ramp as the popo was in the middle of the road w the spike strip, he ended up killing the popo (hit at like 60 km/per h) (1st degree as it was a popo) Signup and view all the answers

Trakas case (2008)

Factual causation = yes (Popo died as result of accident) Legal causation: did he have the element of foreseeability to know that the cop would be there as soon as he turned on the ramp? = No, therefore the crown was not able to prove legal causation During a high-speed chase, he hit and = killed a police officer Factual causation: his SUV hit the officer and killed him (was proven by the crown) = Legal causation: crown must prove that Trakas was driving in a criminally negligent manner, showing wanton and reckless disregard for the safety of others Signup and view all the answers

Trakas case (2008) Was he driving recklessly at the moment he hit the officer? Was he able to foresee the officer's presence on the road? Had Trakas foreseen the consequences?

no, there for he was not convicted of the charges Other guy was convicted Signup and view all the answers

More than one Cause of Death When the accused act is not the “sole” cause of death Based on the principle that aggressors “take their victims as they find them” (ex. Blood thinners → fight → internal bleeding → died as a result) (cannot (?) argue that they did not know they were on blood thinners

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Explain Smithers (1977): charged w manslaughter (hockey)

Hockey, Victim was a bully towards Smithers, they argued a lot, a lot body checks on the ice, never got into an actual physical fight, on the night in question, the other one took it further and said a racial slur to Smithers and Smithers said he would get him after, Kolby was apprehensive and sweating a lot after the break and was rushing away after the game, Smithers is after him and yelling (your gonna get it), as they are leaving Smithers punches him twice and kicks him teammates notice, Kolby was on the ground gasping for air after the kick, died due to aspiration) vomit got into his lungs (Epiglottis, did not close and vomit went into his lungs) Signup and view all the answers

Smithers (1977): charged w manslaughter

Causation… = causal link between the conduct and the consequences Trial judge decision... = “Outside the de minimis range” Trial judge said that the initial assault conduct was = significant factor w indirectly causing the death Supreme court decision: reworded the initial factual causation to the assaulted behavior is significant contributing cause of death = sided w position of trial judge and kept the verdict of guilty Signup and view all the answers

What was Nette (2001) ( charged with?

He was charged w 1st degree murder while committing the offense of unlawfully confining the victim Signup and view all the answers

Nette 2001 (convicted of 2nd degree)

Factual causation… = was the initial assaulted behavior of the accused as significant contributing cause of death When sexual assault leads to death it is automatically = 1st degree also when confinement leads to death (Nette case) Crown’s medical expert: = the cause of death was asphyxiation due to upper airway obstruction, BUT he could not isolate one factor or one cause of death among the circumstances of the victim’s death Legal causation… = the element of blameworthiness or was the foreseeability of death apparent to him (yes) Signup and view all the answers

So far, Smithers test and Nette test are not applied to establish the factual causation for all criminal charges involving homicide, the Nette test did not replace the Smithers test (both factual causation tests → crown needs to prove that the conduct of accused was a significant reasonable cause of death, basically the same test,)

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1st degree murder: crown must prove that the murder was “planned and deliberate”

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Explain Harbottle (1993) charged with 1st degree (shelter, two men)

Harbottle and Ross friends living on and of in shelters, Harbottle heavily addicted to drugs, he was shorter (5’3) and skinny, Ross the friend was trying to get him off of some of the drugs, He told Ross that he wanted to sexually assault and kill a girl, they had an apartment but were also living in the shelters, they befriended a women that had been going to a shelter also he came off as nice at first, he said they had a place where she could crash, she took them up on the offer and moved in, Harbottle kept telling Ross he would rape and kill her, she was bigger than Harbottle, on the day in question he went into the room with knife in hand and assaults and rapes her, after he rapes her she is able to turn him around and kick his ass, he starts calling out to Ross for help and he witnessed everything, he then comes in the room and pulls her off of him by the hair, … ross strangles her → killing her and Harbottle sits on her legs, they ended up back in the shelters and bragged about the incident, popo got involved … Signup and view all the answers

When someone convinces another to commit suicide is also aiding and abbeding

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Harbottle (1993) charged with 1st degree

Was him sitting on her legs a significant cause of death? = the other guy could not have killed her w/o him sitting on her legs because she was fighting back and moving to much for the other guy to handle Supreme Court: = smithers’ test not strict enough for charging of 1st degree SCC decision: = ‘the Crown must establish that the accused has committed an act or series of acts which are of such nature that they must be regarded as a substantial and integral cause of the death” The test requires to prove that the accused play a very = active role (a physical one) in the killing Signup and view all the answers

(2nd degree murder) Nette test is to establish factual causation and (1st degree murder) Harbottle test is to establish legal causation (moral culpability and blameworthiness)

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Causation in the Criminal Law midterm 1

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Questions and Answers

consequences are an element of actus reus

To establish capability is to

Explain the case of R.v. Trotta (2004) (murder,child)

In order to establish causation you have to formulate a but for question (“But for”; would the baby have died anyways even if his father had not assaulted him?)

Causation Nette (2001) the supreme court of canada ruled that accused’s conduct caused a certain prohibited consequence:

Factual causation refers to

Consequence is an important part of the case the crown must prove the factual causation first then the legal causation

Legal Causation refers to

what is the F word?

What is Factual causation?

Factual causation is Easy to prove and Can be determined by scientific, medical, mechanical and expert evidence

What is Legal Causation?

(Blameworthy is connected to → “the f word”)Foreseeability: the consequences of one’s action is foreseeable, hence there is a causal link between the action and it consequences (focus on facts of case, case itself)

Explain the Trakas case (2008) (motor bike)

Trakas case (2008)

Trakas case (2008) Was he driving recklessly at the moment he hit the officer? Was he able to foresee the officer's presence on the road? Had Trakas foreseen the consequences?

Explain Smithers (1977): charged w manslaughter (hockey)

Smithers (1977): charged w manslaughter

What was Nette (2001) ( charged with?

Nette 2001 (convicted of 2nd degree)

1st degree murder: crown must prove that the murder was “planned and deliberate”

Explain Harbottle (1993) charged with 1st degree (shelter, two men)

When someone convinces another to commit suicide is also aiding and abbeding

Harbottle (1993) charged with 1st degree

(2nd degree murder) Nette test is to establish factual causation and (1st degree murder) Harbottle test is to establish legal causation (moral culpability and blameworthiness)

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