R. v. Redden
Crown failed to prove beyond a reasonable doubt that the accused's momentary, urgent efforts to revive the infant by shaking constituted a marked and significant departure from what a reasonably prudent person would have done; therefore no wanton or reckless disregard under s.219/221 CC and the accused is acquitted.
- Citation
- 2005 NSPC 64
- Parties
- Crown: Her Majesty the Queen; Accused: Jeffrey Ian Redden
- Court
- Nova Scotia Provincial Court
- Jurisdiction
- Canada
- Judgment Date
- 17 June 2005
- Procedural Posture
- Criminal / Trial Judgment (acquittal)
- Outcome
- Acquitted
- Legal Topics
- Criminal Negligence, Mens Rea, Shaken Baby Syndrome, Medical Expert Testimony, Objective Vs Subjective Negligence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Crown
Jeffrey Ian Redden
Accused
Procedural Posture
Criminal / Trial Judgment (acquittal)
Legal Issues
- 1 Whether the accused's actions constituted criminal negligence under s.219/221 of the Criminal Code
- 2 Whether the accused acted in a wanton or reckless disregard for the baby's safety
- 3 Which mens rea standard applies (objective versus limited subjective)
Ratio Decidendi
Crown failed to prove beyond a reasonable doubt that the accused's momentary, urgent efforts to revive the infant by shaking constituted a marked and significant departure from what a reasonably prudent person would have done; therefore no wanton or reckless disregard under s.219/221 CC and the accused is acquitted.
Court Disposition
Acquitted
Orders
- Accused acquitted of charge under s.221 of the Criminal Code
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