R. v. J.F., 2008 SCC 60
to link to the full judgment.
(Criminal law / Appeals / Unreasonable verdict / Kienapple)
M died in his foster home, at age four, from multiple blunt traumas to the head. M's foster parents pleaded guilty to manslaughter. At trial, M's foster father was convicted of manslaughter by criminal negligence, but acquitted of manslaughter by failing to provide the necessaries of life. The foster father appealed his conviction, arguing that the verdicts were inconsistent. The Court agreed with the Court of Appeal that since the charges were based on the same failure to perform a duty, it made no sense for the accused to be convicted of the charge requiring more fault (criminal negligence) and acquitted on the charge requiring less fault (failing to provide the necessaries of life). The Court ordered an acquittal.
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