Intervening Acts Flashcards
Think skull rule
Never breaks the chain of causation
A defendant must take their victim as they find them regardless of their characteristics
R v Blaue - the defendant stabbed a girl who refused a necessary blood transfusion during to being a Jehovah’s Witness and died. Blaue was still responsible.
Victims own act - Escape
Doesn’t break the chain if causation if the escape or action is seen as foreseeable and reasonable in the situation.
Breaks the chain of causation if it is sees as daft or unreasonable.
R v Roberts - the victim is driven home by the defendant who she didn’t know. He threatened to rape her and she panicked, jumping out of the car and suffering serious injuries. She suffers serious injuries, Roberts remains responsible.
Victims own act - Refusal of treatment
This is when a victim refuses treatment which ultimately leads to their death.
This never breaks the chain of causation.
R v Holland - The defendant and victim are in a fight which results in the victim having his finger cut open. He is told by the doctor that it needs to be amputated, but refuses to amputate it. He develops sepsis and dies, Holland remains responsible.
Victims own act - self-injection
When a victim takes a substance by injection.
This would break the chain of causation only under the assumption that the injection was deliberate and intentional.
R v Kennedy - the defendant lived in a hostel. He entered Bosque and Cody’s room and provided Bosque with heroin, who died due to asphyxia as a result of the mix of drugs and alcohol. Kennedy wasn’t held responsible as it was decided that Bosque’s decision was informed.
Victims own act - self-neglect/suicide
Suicide only breaks the chain of causation if it is established that the defendant’s actions didn’t directly influence the victim’s suicide.
R v Wallace -the defendant leaves his girlfriend and starts a new relationship. Wallace coerced him into meeting up with her and threw acid into his face. After this incident, he went to Belgium and committed medically assisted suicide or death by euthanasia. Wallace was found responsible.
Third parties - Negligent medical care
Medical treatment must be palpably wrong
It must be the operative cause of death
The care must also be so independent that it makes the defendant’s actions insignificant.
R v Jordan - the appellant and three others, all serving members of the US army, were in a fight which sent the victim to the hospital. He was given large amounts of antibiotics he had shown allergic reactions to and intravenous liquids which worsened his condition. He died of pneumonia 8 days into his hospital stay and Jordan was found not responsible.
Third parties - life support machines
Machines which maintain life.
Never break the chain of causation as a person has to be declared dead in order to be put on life support.
Doctors removing life sustaining treatment should only do so in the best interest of the patient.
Malcherek and Steel - Malcherek stabbed his wife and Steel hit a woman over the head, both of the women ended up on life support. The doctors turned off the life support yet Malcherek and Steel were still seen as the leading cause and found guilty.
