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R v Cooper, [1993] 1 SCR 146

Facts:

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

Ratio:

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.

Comments:

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


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