Important Cases

Question 1

R v King (1962)

Answer 1

King was injected with a sedative by the dentist. The dentist tells King not to drive, but King does not hear. King looses consciousness while driving and gets into an accident

The court decided that there was no acts reus as he did not have a “willing mind” therefore the actions that he took he was unaware of unconscious

Important to AR:
- He is drugged
- He does not know he is drugged

Question 2

R v Shaw (1983)

Answer 2

Shaw is subject to sudden attacks of fainting. He has been treated for epilepsy in the past. When he applied for a licence he did not disclose having epilepsy. He faith while driving, and kills 2 people, injures 3.

Important to AR:
- Shaw fainted while driving
- Shaw knew he might faint
- Convicted

Question 3

R v Winning (1973) ONCA

Answer 3

The accused obtained credit from T Eaton Co based on false pretences

The criminal code states that everyone commits an offence who (b) obtains credit by false pretence or by fraud

Conduct: Obtains credit

Circumstances: By false pretences

Consequences: Provides credit based on the false pretences - They did not get there in this case because he did not rely on the false information

Question 4

R v Trakas (2008) ONCA

Answer 4

Trakas is tricked when an individual comes to test drive his motorcycle. He engages in a. dangerous car chase after the thief. A officer steps into the roadway and is killed by Trakas

The court said that the actions Trakas took were reasonable, not unusual. Therefore they can hold Shilon accountable for Trakas actions

Question 5

Smithers v The Queen (1978) SCC

Answer 5

Smithers is the accused

Cobby is the victim

They are on opposite hockey teams. After the game they leave the arena and Bobby goes to the parking lots where Smithers pushes him 1-2 times in the head. Team members pulled Smithers away but he kicked Cobby in the stomach making him collapse and having trouble breathing. He died from suffocating on his own vomit

The Supreme Court states that Smithers kick causes the vomit, but did it cause him to die

Charged with manslaughter

Question 6

R v Nette (2001) SCC

Answer 6

Someone robbed a 95yr olds house and ted her up, left her and she ended up dying.

They didn’t know if they could charge them with homicide as she was 95yr old and could have died in her sleep. They needed to see what the actual cause of death was.

Nette Test: The accused’s conduct must constitute a “significant contributing cause” ((All criminal charged involving homicide))**

Question 7

R v Harbottle (1993) SCC

Answer 7

two people worked together to sexually assault and kill a girl, one held them in place while the other killed her. Harbottle is the one who held down the victims. The accused strangles her and got charged with first degree murder.

Harbottle Test: The accused must constitute a “substantial and integral cause”. It applies in the case of first degree murder

Question 8

Kitching and Adams (1976)

Answer 8

Kitching and Adams inflict severe injuries on Junor when they drop him repeatedly on a sidewalk while he was extremely intoxicated. Junior suffered extreme brain damage and was put on a respirator. The doctors removed Junors kidney for transplant and then turned off life support.

Who killed him?

You need the conduct in order to cause the consequences, and there was no conduct therefore the doctors did not kill him. There can only be one cause on death

Since Junior was already dying from the initial attack, the Doctors actions did not interrupt the chain of causation

Question 9

Maybin (2012)

Answer 9

Timothy and Matthew Maybin were playing pool. A person came up to their table and moved some of the balls. The Matbin brothers punched the person until they fell unconscious on the pool table. When they told the victim had started the fight, a bouncer came to the table, punched the victim, and took him outside the bar. The victim died from head injuries.

The type of intervening act from the bouncer was, therefore, foreseeable even if the precise nature of the intervention could not be contemplated at the time of the brothers assault on the victim

The Maybin brother were charged with manslaughter

Question 10

Nodrick (2012) MAMC

Answer 10

In June 2003 the accused drove the victim’s car to a field, took his identification and left him there. The victim was 65 years old frail and a diabetic

The victim died from exposure to the elements. Did the accused cause the death of the victims?

Acquitted because it was a warm sunny day any reasonable person would not think that it would kill someone

Question 11

R v Younger

Answer 11

Younger (2004) MACA

Accused leaves 2 1/2 yr old son in a car when it is -2 degrees C

Son dies from hypothermia

Charged with first-degree murder

Question 12

Jordan (1956)

Answer 12

Accused stabbed the victim during a “disturbance” in a cafe. Taken to the hospital where the wound had begun to heal. To prevent infection, Terramycin to which the accused was allergic. Despite having a bad reaction, the victim is given the medication repeatedly. The victim dies.

Stab wound was no longer the operative cause of death

Doctors made medical mistake therefore they are held accountable

Question 13

R v Smith (1959) UK

Answer 13

Smith stabs three people with a bayonet. When one victim is taken to hospital he is dropped twice. Victim is not given saline solution, they could not preform a blood transfusion, and gave him artificial respiration when his lung had collapsed. The victim died

Stab would was the operative cause of therefore the accused is help repsonible

Question 14

Holland (1841)

Answer 14

Accused cuts victim during an attack. Victim refuses amputation and eventually is killed by an infection.

Justice Maule: It made no difference whether the wound was in its own nature instantly mortal, or whether It became the cause of death by reason of the deceased not having adopted the best mode of treatment, the real question is, whether in the end the wound inflicted by the prisoner was the cause of death

accused help responsible

Question 15

Powder (1981) ABCA

Answer 15

The accused broke into a house. During the break-in the homeowner confronts him and they struggle. The homeowner dies from acute heart failure cause by fear and emotional stress from the break-in.

Acquitted

Question 16

Rusland (1992)

Answer 16

The accused physically assaulted a 66-yr-old man. The man dies from heart failure. The victim had suffered a heart attack a few months earlier and was awaiting bypass surgery. Rutland knew about the victim’s health condition. Rutland is convicted.

Question 17

R v Buzzing and Durocher

Answer 17

Circulated pamphlets to motivate people to protest changes to a French language school

Question 18

R v Wilkins

Answer 18

The accused takes police officers motorcycle for a ride around the parking lot “as a joke”.

Intention + acting fraudulently

He didn’t act fraudulently which is what is missing in this case. He did it as a joke and had no intent to take his bike

Question 19

R v Martineau (1990) SCC

Answer 19

Martineau and his friend Tremblay are armed with pellet pistols and riffles. Martineau testifies that he thought it would only be a B & E. They go to rob the trailer and its occupants, then Tremblay kills them.

Martineau is convinced of second degree murder

Subjective Foresight

Question 20

R v Hundal

Answer 20

The accused drives an overloaded dump truck into an intersection after the light turned red. Another driver enters when the light foes green. The accused collides with the vehicle and kills the driver.

This is a marker departure when driving a heavy vehicle downtown and not being careful

Question 21

R v Beatty (2008)

Answer 21

Beattys car crossed the double solid centre line and crashed into an oncoming vehicle, killing three of its occupants. Beatty could not remember what happened, perhaps lost consciousness

Beatty is acquitted because he had a heat stroke. The actions are not ht product of his will, therefore you can’t charge him

Question 22

R v Tutton (1989)

Answer 22

The Button parents were deeply religious. A family doctor diagnosed their 5 year old son Christopher as diabetic but a couple years later Mrs.Tutton stopped giving him his insulin. He was taken back to the hospital and put back on his meds. She stopped the insulin again and he was taken to the hospital and pronounced dead.

Manslaughter was charged in this case

Question 23

Tayfel (2009) Man CA

Answer 23

Pilot ignores regulation and runs out of fuel. He must preform a emergency landing. This causes one death and many seriously injured among the passengers.

Conviction of criminal negligence causing death set aside > did not meet the high threshold of being marker a substantial departure

Question 24

R v Droste

Answer 24

The defendant intended to kill his wife by leaving her in the car when it
was on fire. Instead, the car catches on fire when the children are inside, and
the children are killed. Charged with first-degree murder of children

(Transferred intent does work)

Question 25

Vandergraff

Answer 25

The accused attempts to throw the peanut butter jar onto the ice, but instead hits
the victim in the head

(transferred intent does not work)

Question 26

R v Brain

Answer 26

The accused set fire to a store unit hut, but denied he did so intentionally.
However, he did admit he had been smoking cigarettes and may have
discarded some cigarette butts into a cardboard container. (charged with
s.434: Arson: damage to property

Question 27

Briscoe

Answer 27

4 people lured victim & friend into a car driven by B.
* Said they were taking them to a party, instead B drove to a deserted golf
course.
* At the golf course B opened the trunk, handed out weapons. Everyone but B
when into the golf course.
* B later rejoined the group, watched as victim was murdered.
* Did B intend to assist and/or encourage the others to commit the
crime? Did he have sufficient knowledge?

Question 28

R v Dunlop and Sylvester **

Answer 28

16-year-old sexually assaulted by 18 members of a motorcycle club

Dunlop and Sylvester claimed they had been there just to provide beer; they were not involved with the assault

Found guilty cause they aided in betted the assault

Question 29

R v Dooley **

Answer 29

Both the father and stepmother of a 7-year-old boy were physically abusing him

The child died within 24 hours of the infliction of a head injury

Father and stepmother both blame each other

Both charged with second degree murder as they were abetting eachother

Question 30

R v Gauthier

Answer 30

Cathy and her husband made plans to kill themselves and their children

They planned to put a drug into a pitcher of juice and have everyone drink from it

Cathy bought the drugs

Then Cathy changed her mind and told her husband she no longer wanted to go through with the plan

One night the family sat down to watch a movie together. Later, Cathy woke up to find her husband and children were dead

Wife was convicted of first degree

Question 31

R v Soloway

Answer 31

The victim was invited to Soloway’s home by Mrs.Daniela

The victim falls asleep on the couch and Mrs. Daniels takes his wallet

When Mrs.D see there is no money Soloway tells her to keep it

Soloway was convicted as a party to theft based on counselling Mrs.D to take the wallet. It was only due to Soloway’s advice that Mrs. Daniels kept the wallet

Question 32

R v Duong **

Answer 32

Two people were killed, and tv reports connected Lam to the homicide

Lam called Duong and asked to stay with him

The accused knew Lam was in trouble

Accused let Lam stay for approximately 2 weeks before he was discovered by police

Accessory after the face

Question 33

R v Hamilton

Answer 33

Hamilton sold computer files and documents

Some of these files included information on how to build a bomb and break into a house. There was also a program that would generate credit card numbers

Hamilton did not read the files and did not know what was in them

Hamilton did try out the credit card program but never used the numbers generated

Question 34

R v Cline

Answer 34

Cline approached Peter C and asked him to carry his suitcase. Peter C said no and went on his way

Cline was charged with attempt to commit the offence of indecent assault

MR - previously approached other boys for the same purpose

AR- Made a plan, took steps, disguised identity. his preparation to commit the crime was fully complete

Question 35

R v Mailhot

Answer 35

Mailhot met plain clothes officer at a park

During the conversation Mailhot asks if the police officer wants to “see him” the officer does not respond

Mailhot takes off his clothes. The officer arrests him

Mailhot is acquitted

Question 36

R v Jobidon

Answer 36

Jobidon and Haggart get into a fight in a hotel bar. THey decide to “settle” their differences in the parking lot

Jobidon strikes first and hits as hard as he can. haggart falls back onto a car

After a few more hits Haggart falls onto the ground clearly uncounsious

Haggart is taken to the hospital in a coma and later dies

Jobidon is charged with manslaughter

Question 37

R v Mabior

Answer 37

Mabior was HIV positive with a low viral load. He has sex with several women. he did not tell the women he was HIV positive and he sometimes did, and sometimes did not use a condom

None of the complainants contracted HIV

The complaints had consented to sex, however, was this consent eliminated through fraud

Acquitted as there was no realistic possibility of transmission as he used a condom

Question 38

R v Sansregret

Answer 38

Sansregret broke into the house of the complainant and terrorized her. To calm him down she offered they might reconcile. They later had sex

The complainant reported the incident to the police. Case dropped by request of the accused probation officer

1 month later S returns and does the same thing. Again the complainant claims the accused with promises of reconciliation and they have sex. This time the police lay charged

They complainant testifies she did not consent but sansregret says he did not know she did not consent

Guilty as there was no consent silent is not consent

Question 39

R v Ewanchuck

Answer 39

The complainant goes to an interview that is in the back of a large van.

during the interview, the accused makes several sexual advances

Each time he takes action, the complainant reports the accused. She testifies that she was scared and felt trapped in the van

The accused claims that he believed the complainant consent because she did not leave the van

Question 40

Vincent Li

Answer 40

Vincent Li attacked passengers on Greyhound bus. He stabbed and beheaded the victim, and then ate some of the victim

At trial Li is found NCRMD

At the time of the attack Li was acting under the influence of schizophrenia. He was hearing voices that told him that the victim was an alien and that God wanted the alien to be executed

in 2017 Li was grated an absolute discharge

Question 41

R v Parks

Answer 41

killed mother and attempted mother in law

“I just killed someone withg my abre hands”

Automatism “normal” conditions:
Caused serious harm while in a mentally disordered or disturbed state

Question 42

R v Luedecke

Answer 42

The complainant went to a house part and fell asleep on the couch. The Accused falls asleep close by. The complainant awakes to the accused trying to have sex with her

The complainant said “he looked completely incoherent. Not even when someone’s drunk. More like when you’ve just woken them up out a sound sleep”

Aquitted as he acted involuntarily while in a disassociate state

Sexsomnia is not a mental disorder

Question 43

R v Stone

Answer 43

Mrs. Stone attacked and taunted Mr.Stone as he was driving

Mr.Stone pulled the car to the side of the road and out his head down. He testified that he blacked out and felt a “whoosh” go through his body.

When Mr.Stone came to, he had stabbed Mrs.Stone 47 times with a hunting knife

non-insane automatis - no disease of the mind

Acquitted he was in a dissociated state

Question 44

R v Brown

Answer 44

The accused consumed a mixture of alcohol and drugs at a party. he felt strange around 1:30 am at 3:45 am, he stripped and left the party running out into the winter night. The accused went to the house of one of his professors. Attacked her. Victim able to retreat. Brown left and broke into another house. Eventually police found Brown unconscious with no memory of these events

he did not meet the men’s rea for assault