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Archive for June, 2012

The Defence of Provocation

The defence of provocation requires that there be a wrongful act or insult of such a nature that it is sufficient to deprive an ordinary person of the power of self‑control and that the accused act on that insult before there was time for her passion to cool. In order to satisfy the objective element… Read More »

Similar Fact Evidence – Using Your Past Against You

The prior conviction was admissible as “some evidence” linking the appellant to the assault on J.S.  In the context of a similar fact application, a prior conviction may be tendered to establish an essential element of the prior offence where that element has been placed in issue.  The admissibility of a prior conviction does not depend… Read More »

Reasonable Forseability – What is an intervening Act?

Courts have used a number of analytical approaches to determine when an intervening act absolves the accused of legal responsibility for manslaughter.  For example, both the “reasonable foreseeability” and the “intentional, independent act” approach may be useful in assessing legal causation depending on the specific factual matrix.  These approaches grapple with the issue of the… Read More »

Dangerous Driving Causing Death

Dangerous driving causing death, a serious criminal offence punishable by up to 14 years in prison, consists of two components:  prohibited conduct — operating a motor vehicle in a dangerous manner resulting in death — and a required degree of fault — a marked departure from the standard of care that a reasonable person would… Read More »

What constitutes Contempt of Court?

The exception in s. 127 of the Criminal Code will be triggered where Parliament or a legislature has provided a legal foundation for the court’s power to issue contempt orders, defined the circumstances in which a person will be found in contempt, and provided a specific punishment or mode of proceeding. On the basis of R. v. Clement,… Read More »

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