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Record W1524324556 · doi:10.29173/mlj866

R v. Creighton Twenty Years Later: Harm versus Death Revisited

2013· article· en· W1524324556 on OpenAlexaffabout
Amar Khoday

Bibliographic record

VenueManitoba Law Journal · 2013
Typearticle
Languageen
FieldMedicine
TopicHistorical and Scientific Studies
Canadian institutionsUniversity of Manitoba
Fundersnot available
KeywordsMens reaHomicideSupreme courtHarmLawLife imprisonmentConvictionPolitical scienceCriminologyDissenting opinionTortCriminal lawPsychologyPoison controlMedicinePrisonSuicide preventionLiability

Abstract

fetched live from OpenAlex

wenty years ago, in R v Creighton, the Supreme Court of Canada debated a crucial issue -the appropriate fault standard for the offence of "unlawful act" manslaughter. 1This is where an accused commits an unlawful act that results in the unintended death of another individual.Unlawful act manslaughter is distinguishable from murder in that the latter requires, at the very least, subjective foreseeability of death on the part of the accused. 2 By contrast, in Creighton, the Court unanimously held that in connection with unlawful act manslaughter, an objective, rather than subjective standard of fault applied.In Creighton, an experienced drug dealer and user injected another user with heroin resulting in her death.However, the Court was narrowly split as to whether the standard should be objective foreseeability of the risk of bodily harm that is neither trivial nor transitory (the majority opinion and the current standard of fault) or objective foreseeability of death (the dissenting opinion). 3 The dissenting position

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: Not applicable
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.127
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0020.002

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.053
GPT teacher head0.266
Teacher spread0.213 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2013
Admission routes2
Has abstractyes

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