Topic | Case |
AR - an unborn baby is not capable of independent life - cannot form AR for murder | |
AR - It becomes 'a reasonable person' capable of independent life, once expelled fom the womb (even if umbilical cord remains attached) | |
AR - But For Test: poisoned milk | |
AR - Consequence must be caused by D’s act (Victim would have died anyway) | |
AR - D’s act may be one of many causes | |
AR - 'Substantial' need not be 'really serious', but merely more than trifling | |
AR - Medical Negligence will not break the chain of causation | |
AR - Unless so severe that it becomes the Operating & Substantial cause of death | |
AR - 3rd party interventions will not break the chain unless they are 'Free, Deliberate & Informed' | |
AR - The Thin Skull Rule will apply | |
AR - Escape attempts will only break the chain when they are not Reasonably Foreseeable | |
AR - ...or when they are 'So Daft', no Reasonable Person could Foresee it | |
AR - ...However, a victim's personal characteristics may be taken into account | |
AR - Refusal to accept lifesaving treatment/Blood Transfusion will not break the chain | |
AR - 'Suicidal' acts of the victim will not break the chain if this is related to the original act/injury | |
MR - Intention to kill or to Cause GBH | |
MR - Oblique Intention can be inferred from 'Virtual Certainties' | |
MR - A Motive can be used as evidence for intention, but it is not the same | |
MR - MR directed at another can transfer to the unintended victim | |
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