Random facts about you IX

lol

 

We were in a small group of trees/bog just off the main road camping, I found an old fucked mattress half in the bog and apparantely shat on it
I suppose...bears in the woods an that

nah we were just there because thats where our lift went, loads of rabbits around the place though, reminded me of Holland
We just wanted a few drinks and meet some people, did both but its a fucking expensive place to drink...If it werent for me actually legally being able to drink I would have thought we were back home :/

 

That still doesn't explain the worst aspect of it though...

You recorded you doing this? lol

 

Nah, R was recording it and then all of a sudden you hear M in the distance shouting "jimmys taking a shit on a boggy mattress" then a lot of noise like the recorder was dropped then loads of laughter.

 

I am off to have a nap I think.

 

Good, I was disturbed thinking what it had to be like if you could hear it on a recording... lol

 

2 guys one mattress

 

I got the restaurant cabinet rebuilt to the right size. It only took an hour.

 

I received a email yesterday that I am too nervous to open!

 

My daughter is going out to eat before she picks up her little monster...

I had to run and catch him to get him to come inside for lunch...He wanted to stay outside and play...He's asleep right now...

Tipsy, what could be in an e-mail that would make you too nervous to open it...

 

I spent most of my afternoon looking for a place to refill my welding tanks because my regular place closed up ...turns out no one else deals with sizes I have and I had to pay "upgrade" fees ...I now own 4 bottles worth over $600 that are pretty well useless unless I "upgrade"

 

I think one of my little babies has a joey in her pouch

 

I have no idea what that means. You don't live in Australia...

 

So so cute!

 

i have a spleen

 

i... think i just puked up my spleen.

 

I usually prefer when my spleen stays on the inside, although the occasional time when it seems like theres a big fuck off screw disembowling me I just consider it "one of those things"

 

growing up there was a big case where 2 guys fought after a minor hockey game,one guy kicked the other guy....ruptured his spleen and the dude died right there....buddy got charged but i dont remember what happened.......and i found it on wik
Smithers v. The Queen




Smithers v. The Queen
Supreme Court of Canada
Hearing: February 10, 11, 1977
Judgment: May 17, 1977
Full case name: Paul Douglas Smithers v. Her Majesty The Queen Citations: [1978] 1 S.C.R. 506 Ruling: Appeal dismissed.
Holding The actions of the accused must have been a contributing cause of death outside of the de minimis range to be convicted of manslaughter.

R. v. Smithers, [1978] 1 S.C.R. 506 is a leading Supreme Court of Canada decision on determining criminal causation in an offence of manslaughter. The Court held that the Crown must show that the accused's acts were a "contributing cause of death outside of the de minimis range." In practice, this test applied to all criminal offences requiring proof of causation.
Contents

Background

In February 1973, Smithers, a black teen, played in a hockey match against a team including Barrie Cobby, a white teen, in a Mississauga rink. During the game, Smithers was subject to numerous racial slurs by Cobby. Smithers threatened Cobby that he was going to "get him".
After the game Smithers waited outside the rink for Cobby to leave. When Cobby came out Smithers attacked him, knocking him on the ground, and kicked him repeatedly. Several people tried to hold him back, but Smithers managed to kick Cobby in the stomach which caused him to gasp for air. Cobby soon passed out and died shortly afterwards. It was discovered that he died from inhaling vomit after being kicked due to a rare condition in which his epiglottis failed.
Smithers was charged for manslaughter under section 205 of the Criminal Code (now section 222) for "caus[ing] the death of a human being". In his defence, Smithers argued that it was the epiglottis condition that caused death, not the blow.
The issue before the Supreme Court was whether the kick was a sufficient cause of the death to attract criminal liability.
A unanimous Court held that Smithers was guilty of causing death of a human being. The decision was written by Justice Dickson.
[edit] Opinion of the court

Dickson adopted the comments of G. Arthur Martin from a 1943 case note on the English Larkin case, where it was stated that "[t]here are many unlawful acts which are not dangerous in themselves and are not likely to cause injury which, nevertheless if they cause death, render the actor guilty of culpable homicide ... In the case of so-called intentional crimes where death is an unintended consequence the actor is always guilty of manslaughter at least."
The question Dickson considered was what degree of causation is required to prove guilt. Where consequences need not be intended such as manslaughter, he proposed the degree of contribution to the cause of death need only pass a de minimis test. That is, the Crown need only show that the amount contributed to the cause of death be more than trivial.
Dickson also reaffirmed the application of the thin skull doctrine in homicide, where the fact that Cobby was susceptible to failure of the epiglottis should not absolve Smithers from liability. Consequently, since the kick may not have killed Cobby, its contribution to his death was more than trivial and so Smithers is criminally liable.

 

Floes :toetap05:....dont make me do it

 

I do believe that it is going to be a jolly good old day