section 225

INTRODUCTION AND BRIEF DESCRIPTION

If a person causes an injury that is dangerous and results in death, they are responsible for causing the death regardless of any subsequent treatment.

SECTION WORDING

225 Where a person causes to a human being a bodily injury that is of itself of a dangerous nature and from which death results, he causes the death of that human being notwithstanding that the immediate cause of death is proper or improper treatment that is applied in good faith.

EXPLANATION

Section 225 of the Criminal Code of Canada deals with the circumstances under which a person can be held responsible for causing the death of another person, even if the immediate cause of death was not their direct action. Specifically, the section applies when a person causes a bodily injury to another person that is inherently dangerous in nature, and that injury ultimately leads to the person's death, regardless of any medical treatment that may have been administered subsequently. The section recognizes that while medical treatment can sometimes be effective in saving a person's life, it is not always a guarantee and may not be able to undo the damage caused by the original injury. As a result, if a person causes an injury that is so inherently dangerous that it can lead to death, they are considered to have caused the death of the other person, even if the immediate cause of death was something like improper medical treatment. It is worth noting that the section requires that the original injury must have been caused by" a person, meaning that there must have been some form of intent or negligence on the part of the individual who caused the injury. Likewise, the injury must be serious enough to be considered dangerous" in nature, as defined by other parts of the Criminal Code. Overall, Section 225 of the Criminal Code is an important provision that helps to clarify the circumstances under which a person can be held responsible for the death of another, and underscores the importance of taking responsibility for one's actions and ensuring that they do not cause harm to others.

COMMENTARY

Section 225 of the Criminal Code of Canada is a provision that deals with a specific type of criminal offence: causing the death of a human being by causing a bodily injury that is dangerous in nature. This provision is important because it recognizes the fact that some injuries can be so severe that they result in death even if the person is given proper medical treatment. The provision is meant to deter people from engaging in activities that could lead to the death of another person, either through negligence, recklessness, or deliberate action. The provision is significant because it acknowledges the fact that injuries that are inherently dangerous can lead to death even if the victim receives the best possible medical care. This is important because it recognizes that some injuries are simply too severe to be effectively treated. For example, a person who causes a severe brain injury to another person, or who stabs them in a vital organ, may be held criminally responsible for their death even if doctors try everything possible to save them. One important aspect of this provision is that it distinguishes between the immediate cause of death and the ultimate cause of death. This means that even if the immediate cause of death is medical treatment that is applied in good faith, the person who caused the injury can still be held responsible for their actions. This is because the injury itself was so severe that it was the ultimate cause of death, even if the treatment was done in good faith and with the best of intentions. The provision is also significant because it acknowledges the fact that some injuries are so severe that they are inherently dangerous. This means that a person who causes such an injury can be held responsible for the eventual death of the victim, even if they did not intend to cause the death. For example, a person who punches another person in the head and causes a severe brain injury may not have intended to cause the victim's death, but they can still be held responsible for it if the injury ultimately leads to the victim's death. Overall, Section 225 of the Criminal Code of Canada is an important provision that recognizes the fact that some injuries can be so severe that they can lead to the death of the victim, even if they receive proper medical treatment. The provision is significant because it distinguishes between the immediate cause of death and the ultimate cause of death, and acknowledges that some injuries are inherently dangerous. This provision is an important tool that helps to deter people from engaging in activities that could lead to the death of another person and ensures that those who do cause such harm are held accountable for their actions.

STRATEGY

Section 225 of the Criminal Code of Canada is a provision that elevates an act of bodily injury to one of murder if it results in the death of the victim. This section is an important weapon in the arsenal of law enforcement and prosecutors, as it allows them to pursue severe criminal charges in situations where the cause of death is not immediately clear or where it is difficult to prove intent. However, there are several strategic considerations that must be taken into account when dealing with this section, including issues related to evidence, intent, and the role of expert testimony. One of the primary considerations when dealing with section 225 is the need for strong evidence. In order to secure a conviction under this provision, the prosecution must demonstrate that the accused caused a bodily injury that was inherently dangerous, and that this injury was the proximate cause of the victim's death. This requires a careful and thorough investigation, including the collection of physical evidence, witness testimony, and expert analysis. It may also involve a complex analysis of medical records and other documentation to determine the nature and extent of the victim's injuries, and to rule out any other possible causes of death. Another key consideration when dealing with section 225 is the question of intent. In order to be convicted under this provision, the accused must have intended to cause the bodily injury that led to the victim's death, or at the very least, must have known that their actions were likely to cause such an injury. This can be difficult to prove in cases where the circumstances surrounding the injury are complex, or where there may be other factors at play. In such cases, the prosecution may need to rely heavily on expert testimony to help establish the accused's intent. One potential strategy for dealing with section 225 is to focus on the role of expert testimony. Medical and forensic experts can be critical in cases where the cause of death is not immediately apparent, or where there is disagreement over the nature and extent of the victim's injuries. These professionals can provide detailed and authoritative testimony about the cause of death, the severity of the injuries, and the likelihood that they were caused intentionally. This can be particularly important when dealing with complex medical issues, such as cases involving improperly administered medication or medical procedures. Another potential strategy for dealing with section 225 is to focus on the nature of the bodily injury itself. In order to be convicted under this provision, the accused must have caused a bodily injury that was inherently dangerous. This means that the injury must have been one that was likely to cause death, even if proper medical treatment had been applied. This requirement can be difficult to establish in some cases, particularly where there may be other factors at play. However, with the help of expert testimony and careful review of the evidence, it may be possible to build a strong case on this basis. Overall, section 225 of the Criminal Code of Canada is a powerful tool that can be used to pursue serious criminal charges in cases where bodily injury has resulted in death. However, it is important to approach such cases strategically, taking into account issues related to evidence, intent, and the role of expert testimony. With careful preparation and proper legal representation, it is possible to build a strong case that can lead to a successful conviction.