Causation

Question 1

What is the definition of homicide?

Answer 1

When either directly or indirectly, by any means, a person causes the death of another human being

Question 2

A person is guilty of culpable homicide when they do any of these 4 things

Answer 2

An unlawful act, criminal negligence, causing that person to kill themselves by threats or intimidation of violence, or wilfully frightening a person in the case of a child or sick person

Question 3

Causation is the

Answer 3

casual relationship between conduct and the result

Question 4

Criminal responsibility for causation must be established in both

Answer 4

fact and law

Question 5

Define factual causation

Answer 5

in inquiry into how (by medical, mechanical, or physical means) came to their death

Question 6

Define legal causation

Answer 6

The wording of the offence that would denotes the level of responsibility the accused had in causing the result

Question 7

Causation occurs when

Answer 7

An act, series of acts (or omission, or series of omissions) wilfully performed by the accused had a SUBSTANTIALLY SIGNIFIGENT effect to the end result, without being interrupted by some other event

Question 8

The Harbottle test is for ___ and requires ___

Answer 8

The Standard of Causation for 1st Degree Murder Charge, requires that the accused’s action were a SUBSTANTIAL AND INTEGERAL cause of death

Question 9

The Smithers/Nette test is for ___, and requires___

Answer 9

The Standard of Causation for all types of homicide except for 1st degree murder. Requires that the accused’s action was a significant contributing cause of death.

Question 10

According to the Talbot case, ___ must prove causation BRD, and ___ can be a contributing cause that results in death

Answer 10

The Crown, any thing that exacerbates/accelerates death