Intervening Acts Flashcards
(23 cards)
Acceleration principle
If defendants conduct substantially accelerated death
Case for the victim would have died anyway accelerated principle
Adams
Doctor gave over dose of pain killers to terminally ill patient
The actions of a third party
Where death is not directly linked to defendant
Case for actions of a third party
R v Pagett
Human body shield which police shot which Pagett caused as shot involuntarily in self defence
NAI caused prohibited action but defendants action brought about NAI
Flight cases
R v Pitts
Escaped violent assault by jumping in river and killing herself, but victims action considered reasonable
What is reasonably foreseeable in flight cases
If victim had little choice the chain would be intact
However if the victims actions were unforseeable the chain would be broken
Case which said if the action was so daft no reasonable person would have contemplated it in flight cases
R v Roberts
Jumped out of car to avoid sexual advances her actions were reasonable and proportionate
Flight case of marjoram showed reasonable actions
Marjoram
Group kicked hostel door and jumped out window, d convicted gbh as reasonably foreseeable that v would fear violence and was only escape route
Fright case
R v mackie
Frighten son and fell down stairs and was killed
For fright cases of the action was reasonably foreseeable the defendant is the
Legal cause
Medical negligence cases
R v Jordan
Victim stabbed by Jordan, died 8 days later in hospital, d convicted murder
Treatment in hospital negligent as drug was allergic which he died of and stab wounds healed
Jordan acquitted
Another medical negligence case
R v smith
V stabbed doctor failed to realise seriousness and poor treatment and died
Smith convicted
Wound was still operating and substantial cause as had not healed
Operating means still being treated
R v Cheshire medical negligence
V shot in stomach in December
Major surgery in February and had breathing difficulties
Tube in throat
Died from breathing difficulties
Gun shot wounds no longer life threatening
What two tests came out of r v Cheshire
Negligent treatment was so independent of defendants actions. And
The negligent treatment was so potent in causing death that Cheshire’s actions were insignificant
Life support machine case in medical negligence
R v malcherek
D stabbed wife, doctors turned off life support hence NAI, injuries still operating and substantial,
If doctor switches off life support of brain dead he does not break chain of causation
Medical negligence m v McKechnie
Victim could not receive treatment for a pre existing condition because of injuries inflicted by defendant
What did r v McKechnie happen
McKechnie cause severe head injury, admitted to hospital suffering from ulcer did not operate because of head injurie, died because of ulcer burst
Died and McKechnie convicted of manslaughter upheld because chain still intact because was not operated because of head injury
Victim has pre existing medical condition or was to blame for refusing medical treatment
Thin skin rule: take your victim as you take him
R v Blaue
Attacked women and pierced her lung refused blood transfusion because religion, convicted as must take victim as find him, and death cause by stab wounds he called
Self neglect
If v mistreats or neglects his own injuries his will not break chain causation
Self neglect case
Dear
Slashed with knive
D refused treatment and possibly made worse, murder as wounds were significant cause
Voluntary acts case
Kennedy
Drug dealer prepared heroin and gave v syringe. V injected and died, d convicted of manslaughter,
Scottish voluntary acts case
MacAngus and Kane v HM advocate
V self ingestion of drugs did not break chain of causation
When can an NAI allow no criminal liability
If it breaks the chain of causation as he will not have caused prohibited consequence
