causation criminal law essay

party was guilty of manslaughter. 50 Also the Court of Appeal in R v Evans 51 has now ruled that the supplier may instead be guilty of gross negligence manslaughter if he finds out that his victim has become seriously ill but does nothing to save him. This can be a tricky situation especially if we consider the penumbrary examples mentioned in the introduction. On 10 September 1996, the appellant visited the room occupied by the victim and his friend, C, who had been drinking together. This means if he has a particularly vulnerable victim he is fully liable for the consequences to them even if an ordinary person would not have suffered such severe consequences. Heaton was of the opinion in this case that whilst undoubtedly a duty of care would have existed on the facts as they had existed in Cato however the finely balanced issues may preclude a finding of gross negligence. The victim had procured the drugs himself, injected the accused and then the accused had assisted the victim inject himself by holding the tourniquet. It is at least arguable when we consider the fact that given Heroine can be a safe drug when taken in the correct quantities and with knowledge of the particular persons tolerance level that there would have been no way the defendants actions could. R v Jordan (1956). It is high time for the House of Lords to enter the vanguard to point us in the right direction.

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This asks, the hobbit essay on bilbo actor 'but for the actions of the defendant, would the result have occurred?' If yes, the result would have occurred in any event, the defendant is not liable. The distinction between a minimal contribution and a significant contribution has no technical meaning and in most violent criminal cases it will be what the twelve men and women sitting as a jury in the jury box would regard in a common-sense way as the. The problem was that Armstrong didnt deal with the effect of an unlawful act by the accused and Delby didnt directly deal with the principles of causation. It is clear that this is not the case however the court in Kennedy wants to shift the legal basis the facts remain the same there was not a traditional causational link. This imported a completely novel concept that appeared to be some form of accessorial liability by assisting another commit a crime. Furthermore the use of Empress Cars as authority is extremely dubious given that the case is also one which is subject to a high degree of criticism. In another German case it appears as though there was an attempt to prosecute an arresting officer for the death of the victim when he was shot whilst in custody by a separate officer. This involved the second appeal of Kennedy to the court of appeal. The major criticism of this judgement was that it wasnt couched in terms of causation but made it very unclear what the basis for stating that an act not directed at the victim could not form the basis of a manslaughter by unlawful and dangerous. Unworkable approach to liability based on D's "joint participation criticizing not only the interpretation of the words 'any other person' under. Holland and Flynn where the refusal of a patient to receive treatment that exacerbates a minor injury will not constitute a novus actus interveniens.

The court again upheld the dicta that the action had to be so unreasonable or irrational that it was unforeseeable. It was clear that administer in the sense meant by the oapa 1861 did not envision this kind of interpretation  and has subsequently been criticized. The court overruled the initial conviction on two grounds; there wasnt sufficient evidence that the heroin was a major cause of death.e. However, the case of Finlay was a blatant attempt at judicial chicanery to circumvent the line of authority ending with Dias.

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