Law week 5&6

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Why was the defendant’s conviction in Kennedy (No. 2) (2007) quashed in the House of Lords?
Because the chain of causation was broken by the free and informed act of self-injection by the victim
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Bert, a habitual burglar, breaks into a block of retirement flats at night. He enters Maud’s flat. Maud is an elderly lady with a weak heart. She interrupts Bert while he is rifling through her cupboards. Maud suffers a heart attack due to shock and dies.
Bert will be convicted of unlawful act manslaughter. The act of burglary became dangerous when Bert saw that Maud was an elderly lady and realised that there was a risk of some harm to her.
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Card 2

Front

Bert, a habitual burglar, breaks into a block of retirement flats at night. He enters Maud’s flat. Maud is an elderly lady with a weak heart. She interrupts Bert while he is rifling through her cupboards. Maud suffers a heart attack due to shock and dies.

Back

Bert will be convicted of unlawful act manslaughter. The act of burglary became dangerous when Bert saw that Maud was an elderly lady and realised that there was a risk of some harm to her.

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