Robson Crim Legal Blog

The case of R. v Javanmardi brings some clarity to the requirements of negligence-based offences (or ‘objective mens rea’ offences) like criminal negligence causing death and unlawful act manslaughter. The Court also examines the relevance of necessary skills and experience in regards to the appellant’s conduct in this case.

Ms. Javanmardi was charged with unlawful act manslaughter and criminal negligence causing death. The victim, 84-year old Mr. Matern, had heart disease and came to the accused’s naturopathic clinic with the hopes that naturopathy would improve his quality of life. After conducting a consultation, Ms. Javanmardi recommended a course of treatment with nutrient injections. The victim insisted that the treatment begin that day. He died later that night due to a contaminated nutrie

Javanmardi first opened naturopathic clinic in 1985, and since 1992 has administered nutrients to around 10 patients per week by intravenous injection. In June 2008, Matern, an 84-year-old man with heart disease visited Javanmardi. After a consultation, Javanmardi recommended intravenously administered nutrients.