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R V Harbottle
''R v Harbottle'', 9933 SCR 306 is a Canadian criminal law case decided by the Supreme Court of Canada on the standard of causation required in order for an accused to be convicted of first degree murder under section 231(5) (where the murder is subsequent to a predicate offence) of the ''Criminal Code''. The Court held that the standard for this provision must be strict requiring a "substantial and integral cause". On the facts, the Court found that Harbottle's conduct in holding the victim's legs while she was strangled to death was sufficient to be a substantial and integral cause. This standard does not apply to all first degree murder, where the standard articulated in ''R v Nette''2001 SCC 78. applies. See also * List of Supreme Court of Canada cases The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the crime of killing a person with malice aforethought or with recklessness manifesting extreme indifference to the value of human life.") This state of mind may, depending upon the jurisdiction (area), jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of Malice (law), ''malice'',This is "malice" in a technical legal sense, not the more usual English sense denoting an emotional state. See malice (law). brought about by reasonable Provocation (legal), provocation, or diminished capacity. Involuntary manslaughter, ''Involuntary'' manslaughter, where it is recognized, is a killing that lacks all but the most a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Code (Canada)
The ''Criminal Code'' (french: Code criminel)The citation of this Act by these short titles is authorised by thEnglishantexts of section 1. is a law that codifies most criminal offences and procedures in Canada. Its official long title is ''An Act respecting the Criminal Law'' (French: ), and it is sometimes abbreviated as ''Cr.C.'' (French: ) in legal reports. Section 91(27) of the ''Constitution Act, 1867'' establishes the sole jurisdiction of the Parliament of Canada over criminal law. The ''Criminal Code'' contains some defences, but most are part of the common law rather than statute. Important Canadian criminal laws not forming part of the code include the ''Firearms Act'', the ''Controlled Drugs and Substances Act'', the ''Canada Evidence Act'', the ''Food and Drugs Act'', the ''Youth Criminal Justice Act'' and the ''Contraventions Act''. One of the conveniences of the ''Criminal Code'' was that it constituted the principle that no person would be able to be convic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Nette
''R v Nette'', 2001 SCC 78 is a Supreme Court of Canada decision on the standard for causation in criminal offences. The Court upheld the " ''Smithers'' test" for causation in a criminal charge for manslaughter or murder, but held the test for causation for second degree murder need not be expressed as "a contributing cause of death, outside the de minimis range". Instead, it would be preferable to use positive terms such as "significant contributing cause". In the case of first degree murder under section 231(5) of the ''Criminal Code'' (the offence of domination), a jury must also consider the additional ''R v Harbottle'' "a substantial causation" standard, but only after finding the accused guilty of murder. Background A 95-year-old widow was robbed and left hog tied in her room. Over a period of 48 hours, she suffocated to death. During an undercover investigation, a suspect, Daniel Nette, had admitted to an undercover officer that he had robbed and killed the widow. Nette was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1993 In Canadian Case Law
File:1993 Events Collage.png, From left, clockwise: The Oslo I Accord is signed in an attempt to resolve the Israeli–Palestinian conflict; The Russian White House is shelled during the 1993 Russian constitutional crisis; Czechoslovakia is peacefully dissolved into the Czech Republic and Slovakia; In the United States, the ATF besieges a compound belonging to David Koresh and the Branch Davidians in a search for illegal weapons, which ends in the building being set alight and killing most inside; Eritrea gains independence; A major snow storm passes over the United States and Canada, leading to over 300 fatalities; Drug lord and narcoterrorist Pablo Escobar is killed by Colombian special forces; Ramzi Yousef and other Islamic terrorists detonate a truck bomb in the subterranean garage of the North Tower of the World Trade Center in the United States., 300x300px, thumb rect 0 0 200 200 Oslo I Accord rect 200 0 400 200 1993 Russian constitutional crisis rect 400 0 600 2 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Criminal Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and Multiculturalism, multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World Immigration to Canada, immigrants and their descendants. Following the initial period of New France, French and then the much larger British colonization of the Americas, British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
