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17 Cards in this Set
- Front
- Back
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Definition of death for homicide
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R v Malcherek and Steel
The irreversible death of the brain stem, which controls the basic functions of the body such as breathing. |
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Unborn children are not unlawfully killed for the actus reus of murder
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R v Poulton
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Murder cannot be inflicted on a child where the injury was deliberately inflicted on the mother but harmed the child in utero and they later die
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A-G's Reference (no 3 of 1994)
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Under the Queen’s Peace (just jurisdiction)
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Coke
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"but for" test for homicide
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R v White
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Basic conditions of legal causation for homicide
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R v Malcherek and Steel
No legal causation if: - an event intervenes between D's conduct and the end result unless E was foreseen or foreseeable by D - An act by another person intervenes between D's conduct and end result unless D's conduct is still an “operating and substantial cause” |
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D's act or ommission need not be the sole or main cause, merely a significant contribution
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R v Pagett
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If V refuses a blood transfusion this doesn't break chain – take V as you find him
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R v Blaue
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Death from fright: if foreseen or foreseeable, D can be legal cause of death
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R v Watson
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If original harm is still an operating and substantial cause, the negligence doesn't let the D off the hook
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R v Smith
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Negligence only breaks causation if it is so independent of D's acts and in itself so potent that D's act is insignificant
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R v Cheshire
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If D's act causes injuries that preclude treatment for a pre-exisiting condition, legal causation holds
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R v McKechnie
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"with malice aforethough"
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Homicide Act 1957
Intent to kill or cause GBH |
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ABH or GBH? - CPS Charging Standards
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GBH: disability, sensory function, major break, big blood loss, lengthy treatment
ABH: minor cuts (treatment), extensive bruising, temp loss of conscious, minor breaks e.g. nose |
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GBH = “Really serious harm”
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DPP v Smith
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Homicide direct intent
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R v Moloney
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Homicide Indirect intent
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R v Woollin
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