FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 2,137 times | Saved to 313 briefcases
R v Cooper, [1993] 1 SCR 146


Convicted on 2nd degree murder. C and victim had been drinking, C became angry after being hit during an argument, grabbed the victim by throat and shook her. It happened in a jeep and C says he doesn’t remember anything until he woke up and found the dead body beside him


The intent in order to convict under s.229(a)(ii):
1. There must be a subjective intent to cause bodily harm.
2. Subjective knowledge that the bodily harm is of such a nature that it is likely to result in death.


Use this for the definition of s.229(a)(ii) (Combination of Martineau and Cooper):
**s.229(a)(ii) – subjective intent to cause bodily harm and recklessness as to whether the bodily harm results in death, AND subjective foresight of death

Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.