Actus Reus - Causation Part 2

Part two for the actus reus mindmap.

HideShow resource information
  • Created by: Domingo
  • Created on: 16-04-13 18:58
View mindmap
  • Actus Reus - Causation
    • Actions of a Third Party
      • Medical treatment
        • Negligent medical treatment is unlikely to break the chain of events unless it is so in itself so potent in causing death that D's actions are insignificant.
          • From Smith (1959)
        • Malcherek (1981)
          • Life support machine turned off by doctors.
        • Cheshire (1991)
          • The defendant shot a man in the stomach and thigh. The man was taken to hospital where he was operated on and developed breathing difficulties.
            • He continued to have breathing difficulty and died from complications arising from a tracheotomy
              • The defendant was convicted of murder and appealed. Did not break the chain of causation since the defendant had shot the victim and this could not be regarded as insignificant.
        • Jordan (1956)
          • -Only case where poor medical treatment DID break chain of causation.
            • -Medical treatment was "Palpably wrong"
      • Smith (1959)
        • A soldier got in a fight at an army barracks and stabbed another soldier.
          • Victim dropped
          • At the medical center the treatment was poor.
            • Affected chances of survival by 75% - died
              • Still did NOT count as intervening act.
    • Intervening Acts
      • Test comes from Smith (1959)
        • Intervening act must be :
          • A) Sufficiently independent of D's conduct.
    • Thin Skull Test
      • D must take victim as he finds them
      • Pre-Existing medical condition can not be used to escape liability
      • If victim refuses medical treatment on religious grounds then D still liable
        • Blaine (1975)
          • Stab victim refused a blood transfusion on religious grounds
            • C of A - upheld conviction - death due to stabbing not refusal of blood.


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »