Hearing: February 3, 1993 Judgment: September 9, 1993
Full case name
Her Majesty the Queen v. Marc Creighton
Citations
[1993] 3 S.C.R. 3
Docket No.
22593 [1]
Prior history
judgment for crown (Court of Appeal for Ontario)
Ruling
Appeal was dismissed.
Holding
The mens rea for unlawful act manslaughter requires "objective foreseeability of the risk of bodily harm"
Court membership
Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major
Reasons given
Majority
McLachlin J., joined by La Forest, L'Heureux-Dubé, Gonthier, and Cory JJ.
Dissent
Lamer CJ., joined by Sopinka, Iacobucci, and Major JJ.
Laws applied
R. v. DeSousa, [1992] 2 S.C.R. 944
R v Creighton, [1993] 3 S.C.R. 3 is a case from the Supreme Court of Canada where the Court found that the standard for criminal liability for some offences can be lowered and not offend the Charter. This case marked the last in a series of cases, beginning with R. v. Tutton, discussing the use of an objective standard for determining mens rea in criminal offences.
^SCC Case Information - Docket 22593 Supreme Court of Canada
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