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Record W3125830272

R v Creighton Twenty Years Later: Harm Versus Death Revisited

2013· article· en· W3125830272 on OpenAlexaboutno aff
Amar Khoday

Bibliographic record

VenueManitoba Law Journal · 2013
Typearticle
Languageen
FieldMedicine
TopicHistorical and Scientific Studies
Canadian institutionsnot available
Fundersnot available
KeywordsMens reaHomicideHarmSupreme courtLawConvictionLife imprisonmentPolitical scienceCriminologyTortDissenting opinionCriminal lawPsychologyPoison controlMedicinePrisonSuicide preventionLiability
DOInot available

Abstract

fetched live from OpenAlex

This article revisits the Supreme Court of Canada's decision in R v Creighton which holds that the requisite mens rea or fault standard for unlawful act manslaughter is objective foresight of bodily harm than is neither trivial nor transient. The article contends, drawing from the dissenting opinion, that the more appropriate fault standard was objective foresight of death. A person convicted of unlawful act manslaughter is eligible to serve a term of life imprisonment. Objective foreseeability of death is the more appropriate standard given that there is a substantial social stigma attached to unlawful act manslaughter, a form of culpable homicide. The current standard is problematic given the breadth of what constitutes “bodily harm” can include all but the most trivial of injuries. Lastly, the article addresses the potential impact of changing the mens rea standard to objective foreseeability of death.

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

Citations0
Published2013
Admission routes1
Has abstractyes

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