Chapter 03, Class 08

The Problem of Intervening Acts in Causation for Culpable Homicide Cases | Kitching | Maybin | Sarrazin

When treating a case that involves an intervening act or event, the Crown has to prove on of the following…

* That the original conduct ==still constitutes a significant contributing cause== to the death of the victim, regardless of the intervening act
* That the intervening act, even though it was the actual cause of the victim's death, ==was a natural consequence== (i.e. a reasonably foreseeable consequence) of the conduct of the accused

Case example of the “still a significant contributing cause of death” condition when it comes to the problem of intervention

* Kitching and Adams (1976)
* ”there may be two or more independent operative causes of death”

Case example of the “natural consequence“ condition when it comes to the problem of intervention

* Maybin (2012)
* The bouncer's blow to the problematic victim was a natural consequence of the Maybin brothers' assault of said problematic victim

A proper verdict in a case of culpable homicide/murder where causation was not proven beyond a reasonable doubt

Attempted murder

e.g. the case of Sarrazin (2012)