What is the test for determining whether a reasonable person would have done something to avoid the danger?

Ontario, Canada


The following excerpt is from R. v. McMullen, 2014 ONCJ 14 (CanLII):

[139] Adopting the approach in Foos where the court cited para. 37 of Regina v. Beatty, I note: “The objective tests must be modified to give the accused the benefit of any reasonable doubt about whether the reasonable person would have appreciated the risk or could and would have done something to avoid creating the danger.”

Other Questions


What are the reasons used by a deputy judge to determine whether a party has been found in default in a personal injury case? (Ontario, Canada)
What is the test for "reasonableness" in determining whether there is a reasonable argument that the evidence supports the allegation of sexual assault? (Ontario, Canada)
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
What is the test for determining whether an application has a reasonable prospect of success? (Ontario, Canada)
What factors are considered in determining whether a person with severe depression should be found dead? (Ontario, Canada)
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
What is the standard of review for determining whether a person has capacity to refuse treatment? (Ontario, Canada)
What is the test for proportionality and reasonableness when determining the amount of costs in a personal injury case? (Ontario, Canada)
Does bad faith and personal benefit play a role in determining personal liability? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.