[44] The causation requirement in cases of unlawful homicide emerges from the combined operation of sections 222(1) and 222(5) of the Criminal Code. A person commits homicide when that person, directly or indirectly, by any means, causes the death of a human being: Criminal Code, s. 222(1). A person commits culpable homicide, an unlawful killing, when that person causes the death of another by means of an unlawful act: Criminal Code, s. 222(5)(a).
[45] It is well settled that to satisfy the causation requirement in cases of unlawful homicide, the Crown must prove that the conduct of an accused was a significant contributing cause of the death of the deceased: R. v. Nette, 2001 SCC 78, [2001] 3 S.C.R. 488, at para. 71. An intervening act by another person, as for example the assault by Kenny, does not always sever the causal connection between an accused's act and the result, the death of the deceased: R. v. Maybin, 2012 SCC 24, [2012] 2 S.C.R 30, at para. 52. Provided the dangerous and unlawful acts of an accused remain a significant contributing cause of the death of the deceased, the intervening acts of another are of no moment to an accused's liability: Maybin, at para. 60.
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