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R v Kirby, [2001] 10 W.W.R. 750


Ks wife hung herself in bathroom. K was present, did nothing. She had previously tried to commit suicide. Were talks of suicide that night.
He was charged with criminal negligence causing death, contrary to s.220(b) and failing, without lawful excuse, to provide the necessaries of life to his wife and thereby endangering her life, contrary to s.215(2)(a)(ii).


Can an omission to act form the basis for criminal liability?


Test for necessities of life – marked departure from the standard of the reasonable person
**Contextual facts are very important when determining a necessities of life


Did he fail to provide necessities of life?
**Necessaries of life – encompass more than just food and clothing and shelter. It includes anything necessary to provide life, such as medical aid or intervention to prevent serious harm or risk of death
**TEST: To convict the accused on the charge of failing to provide necessaries of left, the Crown must prove that
***It was objectively foreseeable in the circumstances
***The conduct of the accused represented a marked departure from the standard of a reasonable person in the circumstances.

Did the failure to provide necessities endanger her life?
**Standard – Serious harm or death


Accused is guilty of criminal negligence

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