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KPU CRIM 1207 - Midterm #1 Exam Questions And Correct Answers
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KPU CRIM 1207 - Midterm #1 Exam Questions AndCorrect Answers
What does factual causation relate to? - pg. the actual physical, mechanical or medical
sense and contribution of the accused
What does legal causation relate to? - pg. whether the accused is to be held legally
responsible for the consequences eg. death
What are the facts of Nette (2001)? - Nette robbed a 95 year old woman and left her hog
tied on the bed with a ligament around her head and neck
Sometime in the next 48 hours, she rolled off onto the floor and asphyxiated
She died from a number of contributing factors: her position, the ligature, her age and
lack of muscle tone, heart and asthma.
What was the argument in Nette (2001)? - Answer There were multiple causes of death
and the accused's conduct was not a significant contributing factor.
What was the result in Nette 2001 and why? - Answer Nette was held to be guilty of
second degree murder since even though the accused's actions may not have caused
another person to die they were found to be a substantial cause in the death
What are the facts in Trakas 2008? - Answer Trakas was selling a motorcycle and
someone came to test drive it in their pick up.
After the motorcycle left, a male came out of hiding and drove away in the pickup.
Trakas followed in his SUV during a chase that lasted over 25 minutes and reached
speeds between 110 and 180 kms.
Also ran stop signs, tailgated, sudden lane changes, and driving erratically
A police officer stepped onto the road to reply a spike belt and was hit and killed by
Trakas.
, The officer was killed while Trakas was driving normally
Trakas was charged under criminal negligence causing death.
Why was Trakas (2008) acquitted of criminal negligence causing death? - Answer He
was driving normally at the time the officer was killed and could not have reasonably
seen that the officer would step out into the road to deploy the spike belt. Because he
could not have foreseen the consequences of his actions, despite factually causing the
officer's death, Trakas should not be held legally accountable.
What are the facts of Harbottle (1993)? - Answer Harbottle and an acquaintance sexually
assaulted a 17 year old girl
After the assault Harbottle held the girl's legs to prevent her from escaping while the
acquaintance strangled her with her bra
Why is Harbottle guilty of first degree murder? - Answer Because the killing occurred in
the course of a sexual assault, it is first degree and, but for the actions of Harbottle, the
girl would have been able to defend herself and so his actions were a a substantial and
integral cause of death.
Define de minimus. - Answer More than minimal
Facts of Smithers (1997)? - Cobby was a member of an opposing hockey team that was
making racist remarks towards Smithers
Smithers threatened to "get" Cobby and later kicked him in the stomach as he tried to
enter his vehicle
The kick cause Cobby to vomit and due to a dysfunctional epiglottis, vomit ended up in
the lungs and he died of asphyxiation
What was the outcome in Smithers 1997 and why? - Answer Smithers was convicted
of manslaughter on the principle that he who assaults another must take his victim as he
finds him. It was also necessary to find that his acts were a contributing cause of the
death outside the de minimum range.
What is the thin skull principle? - Answer One must take their victim as they find them.
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