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165: Causing death that might have been prevented
or “You can be responsible for someone's death even if it could have been stopped by using the right methods.”

You could also call this:

“If you hurt someone badly and they die because of how they were treated for that injury, it's still considered killing them.”

If you hurt someone badly enough that they need treatment, and they die because of that treatment, you are responsible for killing them. This is true even if the treatment was given properly and with good intentions. The law sees it this way because your actions led to the person needing treatment in the first place. The injury you caused must have been dangerous enough that it could lead to death. It doesn’t matter if the immediate reason for the person’s death was the treatment they received - you are still considered to have killed them.

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Next up: 167: Murder defined

or “Murder is when someone purposely kills another person or causes severe harm that leads to death, even if by accident or for another reason.”

Part 8 Crimes against the person
Homicide

166Causing injury the treatment of which causes death

  1. Every one who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death be treatment, proper or improper, applied in good faith.

Compare
  • 1908 No 32 s 181