Chain of Causation in Criminal Law
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Which of the following misconceptions about the unlawful and dangerous act (UDAM) is incorrect?

  • The act must be the factual and legal cause of death.
  • Transferred malice may apply in certain situations.
  • D must foresee any risk of harm. (correct)
  • The harm only needs to be some harm, not serious harm.

    • For a defendant (D) to be liable for involuntary manslaughter, the act must always be regarded as dangerous.

    False

    What is the significance of the 'Church' test in UDAM?

    It assesses the peculiarities of the victim in determining liability.

    The mental element required for an unlawful act may include intention or __________.

    <p>recklessness</p> Signup and view all the answers

    Which section of the law may charge serious harm resulting from a pin-prick if the victim has a condition like haemophilia?

    <p>s.18</p> Signup and view all the answers

    A scratch can be considered a wound under the law.

    <p>False</p> Signup and view all the answers

    Match the case with its relevant aspect in involuntary manslaughter:

    <p>R v Blaue = Operating and substantial cause of death R v Dhaliwal = Foreseeability of escape or suicide Kennedy, No 2 = Third party acts breaking causation Mitchell = Transferred malice in assaults</p> Signup and view all the answers

    What are the two main forms of Involuntary Manslaughter as summarized by Lord Mackay?

    <p>Unlawful and Dangerous Act Manslaughter (UDAM) and Gross Negligence Manslaughter (GNM)</p> Signup and view all the answers

    What is a key characteristic of a crime of basic intent?

    <p>Only requires a mental element for the unlawful act.</p> Signup and view all the answers

    Unlawful and Dangerous Act Manslaughter (UDAM) is a common law form of involuntary manslaughter developed by __________.

    <p>judges</p> Signup and view all the answers

    An unlawful act must lead directly to a victim's death for D to be liable under UDAM.

    <p>True</p> Signup and view all the answers

    Match the following charges with their definitions:

    <p>s.18 = Intent to cause serious harm s.20 = Intent to inflict some harm or recklessness s.47 = Intending to apply unlawful force or being reckless Involuntary Manslaughter = Homicide committed without mens rea for murder</p> Signup and view all the answers

    What should be carefully considered in exam questions involving multiple victims?

    <p>The specific type of homicide required, such as Murder or involuntary manslaughter.</p> Signup and view all the answers

    What is the principle behind transferred malice?

    <p>Intending harm to one individual transfers to another if the first is missed.</p> Signup and view all the answers

    Involuntary Manslaughter requires a mens rea of murder.

    <p>False</p> Signup and view all the answers

    What does UDAM stand for?

    <p>Unlawful and Dangerous Act Manslaughter</p> Signup and view all the answers

    What is required for a new intervening act to break the chain of causation?

    <p>It must be a new and independent cause that is 'so potent'</p> Signup and view all the answers

    Acts of medical intervention always break the chain of causation.

    <p>False</p> Signup and view all the answers

    What must V's response to D's actions be in order for D to remain the operating and substantial cause of any injuries V suffers?

    <p>Reasonably foreseeable consequence</p> Signup and view all the answers

    If D stabs V but V later dies from a drug reaction due to a medical intervention, the chain of causation is ______.

    <p>broken</p> Signup and view all the answers

    In which of the following cases would D NOT be liable for V's death?

    <p>D stabs V and V takes heroin voluntarily</p> Signup and view all the answers

    Match the following cases with their key legal principles:

    <p>R v Jordan = Medical intervention can break the chain of causation R v Roberts = Victim's response must be foreseeable R v Malcherek and Steel = Withdrawing life support does not break the chain R v Williams and Davis = Unreasonable response breaks the chain</p> Signup and view all the answers

    A natural event that is foreseeable can break the chain of causation.

    <p>False</p> Signup and view all the answers

    Provide an example of a situation where D would not be liable due to V's own actions.

    <p>V injecting heroin voluntarily.</p> Signup and view all the answers

    Which condition is NOT mentioned as an example of a recognised medical condition for the defense?

    <p>Anxiety disorder</p> Signup and view all the answers

    Abnormality of mental functioning must arise from a recognized medical condition.

    <p>True</p> Signup and view all the answers

    What does AOMF stand for?

    <p>Abnormality of Mental Functioning</p> Signup and view all the answers

    Before the 2009 Act, the term 'abnormality of mind' was defined as a state of mind so different from that of ordinary human beings that the reasonable man would term it __________.

    <p>abnormal</p> Signup and view all the answers

    Match the following conditions with their descriptions:

    <p>Schizophrenia = D punched V to death outside a pub while suffering from paranoid schizophrenia Psychopathy = Reflects a personality disorder with a lack of empathy Autism spectrum disorder = Included Asperger's Syndrome that caused significant behavioral issues Battered woman syndrome = A psychological condition affecting victims of prolonged domestic abuse</p> Signup and view all the answers

    What must be established by medical evidence in a defense involving AOMF?

    <p>The recognition of the medical condition</p> Signup and view all the answers

    Chronic depression can be a recognized medical condition for the defense of diminished responsibility.

    <p>True</p> Signup and view all the answers

    Name one factor the AOMF must substantially impair.

    <p>Form a rational judgement</p> Signup and view all the answers

    What must D provide to support the loss of control defense?

    <p>Sufficient evidence beyond a bare assertion</p> Signup and view all the answers

    A partial loss of control is sufficient to constitute a loss of control defense.

    <p>False</p> Signup and view all the answers

    What does the fear trigger in loss of control relate to?

    <p>Fear of serious violence from V against D or another identified person.</p> Signup and view all the answers

    The loss of control defense does not have to be _____.

    <p>sudden</p> Signup and view all the answers

    Match the following cases with their relevance to loss of control:

    <p>R v Jewell = Pre-planning negates loss of control R v Gurpinar = Killing in a pre-arranged fist fight R v Lodge = Genuine fear of violence from a dealer R v Ward = Defense allowed after brother attacked</p> Signup and view all the answers

    Which statement best defines loss of control, according to Smith & Hogan?

    <p>A loss of ability to maintain actions according to considered judgment</p> Signup and view all the answers

    Examples such as temper and acting out of character qualify for loss of control.

    <p>False</p> Signup and view all the answers

    What is required for D to show in order to invoke the fear trigger?

    <p>D must show a genuine fear of serious violence.</p> Signup and view all the answers

    Study Notes

    Chain of Causation

    • A new intervening act must be an independent cause that is "so potent" that the original actions become insignificant.
    • Breaks in the chain of causation are infrequent.

    Acts of a Third Party

    • Medical interventions can be pivotal; D’s actions remain the "operating and substantial cause" unless medical intervention is "palpably wrong" or overwhelming.
    • Example cases:
      • D stabbing V at R v Smith;
      • Medical negligence like giving allergic drugs leading to death (R v Jordan) can break the chain.
    • If life support decisions are made medically, the chain remains unbroken (e.g. R v Malcherek and Steel).

    Victim's Own Acts

    • If V’s actions are a reasonably foreseeable consequence of D's conduct, D retains liability.
    • Examples:
      • R v Roberts: V jumped from a moving car, injury resulted.
      • R v Marjoram: V jumped from a building fearing an attack.
    • Unreasonable responses (considered "daft") can break the chain (R v Williams and Davis).
    • V’s voluntary choice to inject heroin breaks causation chain (R v Kennedy, No 2).

    Natural Events

    • Unforeseen natural events can also disconnect causation.
    • Example cases:
      • Killed by lightning after an attack results in no liability.
      • Drowning due to incoming tides remains under D's liability, as tides are foreseeable.

    Wounding and GBH

    • Wounding is a significant consideration alongside GBH if skin integrity is broken.
    • The definition of a wound depends on whether skin continuity is disrupted (R v Morris).
    • Lesser charges such as s.20 or s.47 can be presented depending on evidence during trials.

    Transferred Malice

    • Flexibility exists in interpreting mens rea; if DL targets another and injures V, the intent transfers.
    • Standards for liability vary between serious harm (s.18) and lesser harms (s.20, s.47).

    Involuntary Manslaughter

    • Defined as unlawful homicide without murder's mens rea.
    • Main forms:
      • Unlawful and Dangerous Act Manslaughter (UDAM)
      • Gross Negligence Manslaughter (GNM).

    Unlawful and Dangerous Act Manslaughter (UDAM)

    • Developed through judicial precedents, characterized by basic intent.
    • Requirements include the act being dangerous and a factual/legal cause of death.
    • Objective test for foreseeability of harm applies; D does not need to foresee risk.

    Mens Rea for UDAM

    • Only required for the unlawful act itself.
    • Transferred malice applies where D may be liable for harm caused to V whether intended or not.

    Examination Considerations

    • Be prepared to discuss both UDAM and GNM types or specify relevant forms of homicide in questions.
    • Consider peculiarities of victims and their responses in establishing causation.

    Loss of Control (LoC)

    • A partial loss of control is insufficient; D must have significantly lost judgment in response to qualifying triggers.
    • Loss of control can happen over a span of time, differing from previous provocation laws.

    Qualifying Triggers for LoC

    • Fear of serious violence from V or another party can justify a loss of control.
    • Subjective assessments are made of D’s genuine fears related to the event leading to their action.

    Recognized Medical Conditions (RMC)

    • Abnormality of mental functioning must stem from recognized medical conditions (e.g., schizophrenia, chronic depression, autism).
    • Medical evidence is required to validate claims regarding abnormal mental states in legal contexts.

    Impairment from Abnormality

    • Must substantially disable D’s ability to form rational judgment, exercise self-control, or comprehend their conduct.
    • Sufficient evidence beyond merely claiming the defense must be provided by D.

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    Description

    Explore the complex principles of chain of causation in criminal law with this quiz. Delve into how intervening acts, medical interventions, and victim actions affect liability. Test your understanding with case examples like R v Smith and R v Roberts.

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