Cases

• The D was having an argument with his wife outisde their house
• He hit her and she fell to the ground
• He grabbed her by the hair and pulled her inside
• She banged her head on the curb and died later on

FACTUAL/LEGAL CAUSATION

• D stabbed the V who was taken to hospital
• She needed a blood transfusion
• She refused on the grounds she was a Jehovah's Witness and died
• D was responsible because if he hadn't have stabbed her she wouldn't have died

FACTUAL CAUSATION

• The V was hitch hiking and got picked up by the D
• The D threeatened to beat her up badly
• The V jumped out of the moving car and suffered a broken leg
• D was liable becaise he gave her no choice but to escape

LEGAL CAUSATION

• D was driving along a road when he got pulled over by a police officer
• He pulled the car onto the officer's foot and refused to move the car when asked
• A few minutes later he was asked again and moved the car

VOLUNTARY ACT

• D was driving home 
• He became ill
• He caused damage to other cars on the way home
• Liable because he was able to move the car and follow the route home

VOLUNTARY ACT

• D was a homeless person and broke into a house to sleep
• He fell asleep and woke up to realise his cigarette had lit the mattress on fire
• He went into the next room and back to sleep
• Guilty because he should have got help to put the fire out

OMISSION: TO AVERT A DANGER OF ONE'S OWN MAKING

• D entered into a marriage of convenience
• She was deported to Ireland, where she didn't have permission to be
• She returned to the UK and was found guilty of being an 'Alien'

STRICT LIABILITY

• D and friends decided to kill a man
• They beat him up and, thinking he was dead, threw him off a cliff
• He later died of exposure
• D was guilty because his actions caused the ER

FACTUAL/LEGAL CAUSATION

• D tried to kill his mother by putting cyanide in her tea
• The next day he found her dead
• She died of a heart attack not poisoning
• D was not guilty because she would have died anyway

FACTUAL CAUSATION

• Both Ds caused very serious injuries to their Vs
• The Vs were put on life support
• Drs decided to switch them off because they were brain stem dead
• Ds were responsible because the original injuries were the COD

LEGAL CAUSATION

• V was hitch hiking and the D picked her up
• The D reached over to her side of the car
• The V thought he was going to rob her so she jumped out of the moving car
• She died later on
• V's action was disproportionate to the threat against her, so it broke the CoC and meant theD wasn't responsible for the ER

INTERVENING ACT

• D cut the V's finger
• V did not seek treatment even when it got infected
• V developed gangrene and still did not seek treatment
• V died 
• D was G becuase you have to take your V as they come, even if they don't behave logically

EGG SHELL SKULL RULE

• D was an off duty policeman
• He watched a man get beaten to death outside a nightclub
• He did nothing
• It as his public duty as a police officer to help

OMISSION: PUBLIC DUTY

• D's job was to open and close the railway gates
• One day he went on lunch and forgot to close the gates
• A horse and cart were killed by a train
• D was guilty because he failed to do his job

CONTRACTUAL DUTY

• D was taken to hospital because he was drunk and needed his stomach pumped
• The police were called because he was being disruptive
• They bodily picked him up and put him down on the road outside
• He was arrested for being drunk and disorderly on a public highway
• G despite not being there of his own free will

STRICT LIABILITY

• Failure to stop
• Law says after an accident you must stop and exchange details

OMISSION: STATUTE

• D's sister was anorexic and eccentric
• SHe asked the Dsif she could live with them and they agreed
• They bagen to look after her
• When she needed a Dr they made a poor attempt at finding one
• They went to the pub instead
• She died
• Ds were G becuase they should have gotten help for her

OMISSION: ASSUMPTION OF CARE FOR ANOTHER 

• D shot the V who needed a tracheotomy
• D gave soem treatment for the side effects that lead to the V's death
• Other Drs said they would have acted similarly and so the D was still the main COD 

MEDICAL TREATMENT

• D kidnapped his pregnant girlfriend at gunpoint and held her hostage
• He refued to come out when instructed by the police
• Police surrounded the house and he came out using her as a human shield
• D opened fire of the police
• They fired back and the V was killed
• D was responsible because he opened fire

INTERVENING ACT

• D was a driver of several horses and a carriage
• He wasn't holding the reins when a boy ran out in front of the horses
• The boy was killed
• D was NG because the boy would have died whether he wa holding the reins or not

FACTUAL CAUSATION

• Ds had 7 children between them
• They treated one of them badly and locked her in a room without food or water
• She died
• Ds were guilty becuase it was thier responsibility to look after her

OMISSION: SPECIAL RELATIONSHIP

• D went to live with her aunt
• Aunt became ill and the D looked after her
• She stopped and the aunt died of gangrene
• D was guilty becuase she voluntarily looked after the V and then stopped

OMISSION: ASSUMPTION OF CARE FOR ANOTHER

• D stabbed the V who was taken to hospital
• The wound began to heal
• A Dr gave the V an OD of a drug he was allergic to
• He died
• Treatment was so bad it broke the COC and the Dr was liable for the death

MEDICAL TREATMENT