Legal/Persuasive Burden Of Proof Essay
Burden of Proof 4
1. Legal/Persuasive Burden of Proof 4
2. Evidential Burden 4
3. Section 11(d) violation 4
4. Section 1 5
Actus Reus 5
A. Act or Omission 6 R. v. Instan 6 People v. Beardsley 6 R. v. Thornton 7 R. v. Urbanovich 7 R. v. Ssenyonga 7
B. Voluntariness 8
C. Causation 8 R. v. Smithers 8 R. v. Duncan 9 R. v. Johnston 9 R. v. Nette 9 R. v. Blaue 9 R. v. Cribbin 9 R. v. Harbottle 10
Mens Rea 10
Absolute Liability 11 Sault. St. Marie 11 Reference Re: Section 94(2) of the Motor Vehicle Act 12
Strict Liability 12 R. v. Wholesale Travel Group 12
Negligence 13 R. v. Creighton [1993] SCC – p.80 13 R. v. …show more content…
He died due to aspiration of foreign materials present from vomiting .Evidence suggested the vomiting was either sptontanous or caused by the fear or both and that the aspiration was either spontaneous or caused by the deceased faulty epiglottis or the kick or both • held: kick caused the death b/c it was a contributing factor at least beyond the de minimis (even though could not say with precise certainty what caused the death • ratio: Need to show both FACTUAL AND LEGAL and test is that needs to be a cause outside the de minimis.
R. v. Duncan
o Court held that no causation existed as act performed by the accused may not have caused victim’s death
( Expert testimony indicated that cardiac arrest could have been caused by stab wounds inflicted by accused or that cardiac arrest could have been caused by unrelated heart condition
R. v. Johnston
• taxi driver took jacket from intoxicated passenger who couldn’t pay fare (collateral) and left her at address where no one was home – driver asked dispatch to call police to check on PL but dispatcher though unnecessary ( passenger froze to death overnight • held: Acquitted ( could NOT prove that the loss of one jacket (she had two) caused the …show more content…
Unlawful act = dangerous |(s.219) |1.Conduct causing death of another person; AR|
|2.Marked Deviation from std of care that a |1. Proof of Crim. Neg. set out in s. |2.Fault short of intention to kill (SF of |
|reasonable person would exercise AR |219 [actus reus + reckless disregard|bodily harm, OF of death or bodily harm) MR |
|3.Foreseability of harm as a consequence of the |for lives + safety of others (mens |Two Types: |
|unlawful act |rea)] |a.) unlawful act causes death |
|Causation |2.Causation |b.) criminal negligence |
|Death of human being |3.Death of a human being | |
Mens rea – the mental element of fault associated with the commission of an
1. Legal/Persuasive Burden of Proof 4
2. Evidential Burden 4
3. Section 11(d) violation 4
4. Section 1 5
Actus Reus 5
A. Act or Omission 6 R. v. Instan 6 People v. Beardsley 6 R. v. Thornton 7 R. v. Urbanovich 7 R. v. Ssenyonga 7
B. Voluntariness 8
C. Causation 8 R. v. Smithers 8 R. v. Duncan 9 R. v. Johnston 9 R. v. Nette 9 R. v. Blaue 9 R. v. Cribbin 9 R. v. Harbottle 10
Mens Rea 10
Absolute Liability 11 Sault. St. Marie 11 Reference Re: Section 94(2) of the Motor Vehicle Act 12
Strict Liability 12 R. v. Wholesale Travel Group 12
Negligence 13 R. v. Creighton [1993] SCC – p.80 13 R. v. …show more content…
He died due to aspiration of foreign materials present from vomiting .Evidence suggested the vomiting was either sptontanous or caused by the fear or both and that the aspiration was either spontaneous or caused by the deceased faulty epiglottis or the kick or both • held: kick caused the death b/c it was a contributing factor at least beyond the de minimis (even though could not say with precise certainty what caused the death • ratio: Need to show both FACTUAL AND LEGAL and test is that needs to be a cause outside the de minimis.
R. v. Duncan
o Court held that no causation existed as act performed by the accused may not have caused victim’s death
( Expert testimony indicated that cardiac arrest could have been caused by stab wounds inflicted by accused or that cardiac arrest could have been caused by unrelated heart condition
R. v. Johnston
• taxi driver took jacket from intoxicated passenger who couldn’t pay fare (collateral) and left her at address where no one was home – driver asked dispatch to call police to check on PL but dispatcher though unnecessary ( passenger froze to death overnight • held: Acquitted ( could NOT prove that the loss of one jacket (she had two) caused the …show more content…
Unlawful act = dangerous |(s.219) |1.Conduct causing death of another person; AR|
|2.Marked Deviation from std of care that a |1. Proof of Crim. Neg. set out in s. |2.Fault short of intention to kill (SF of |
|reasonable person would exercise AR |219 [actus reus + reckless disregard|bodily harm, OF of death or bodily harm) MR |
|3.Foreseability of harm as a consequence of the |for lives + safety of others (mens |Two Types: |
|unlawful act |rea)] |a.) unlawful act causes death |
|Causation |2.Causation |b.) criminal negligence |
|Death of human being |3.Death of a human being | |
Mens rea – the mental element of fault associated with the commission of an