3. Homicide-Related Offences - Causing Death

Question 1

What do sections 165 and 166 deal with?

Answer 1

Sections 165 and 166 deal with causing death, either by not preventing death where that was possible, or by injuring someone so that they need treatment and their injuries cause their death.

Question 2

Outline section 165?

Answer 2

165 Causing death that might have been prevented
Every one who by any act or omission causes the death of another person kills that person,
although death from that cause might have been prevented by resorting to proper means.

Question 3

Outline section 166?

Answer 3

166 Causing injury the treatment of which causes death
Every one who causes to another person any bodily injury, in itself of a dangerous nature, from which death results, kills that person, although the immediate cause of death be treatment, proper or improper, applied in good faith.

Question 4

How does section 165 effect liability?

Answer 4

Section 165 imposes a liability on a person who is responsible for a death if an injury inflicted by him is an operative cause of death (directly or through
some secondary condition such as tetanus), even though it could have been prevented with proper treatment

Question 5

In reference to section 165 what was held by the court in R v Blaue?

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Answer 5

Those who use violence must take their victims as they find them.

Question 6

What situations does section 166 cover?

Answer 6

This provision covers situations where a person dangerously injures the victim and, as a result, treatment is administered to the victim, and that treatment is the immediate cause of the victim’s death. The person who
caused the injury is liable for the injury and its consequences.

Question 7

In relation to withdrawal of life support, what was held in R v Tarei?

Answer 7

In R v Tarei the Court held that the withdrawal of any form of life support system is not “treatment” under s166 Crimes Act 1961.

Question 8

In R v Jordan the english court of appeal stated two rules relating to the original injury remaining a substantial cause of death. What are they?

Must Know

Answer 8

In this matter The English Court of Appeal stated two rules:
1. death resulting from any normal treatment employed to deal with a felonious injury may be regarded as caused by the injury;
2. In other circumstances, it is a question of fact to establish a causal connection between the death and the felonious injury;

Question 9

What is the legal defence of novus actus interveniens?

Answer 9

Novus actus Interviens: [Latin: a new intervening act] An intervening act that breaks the chain of causation

Question 10

Provide an example of section 166?

Must Know

Answer 10

• A person was wounded in a duel and died as a result of the surgical operation made necessary by the wound. The person who inflicted the wound was guilty of murder.

Question 11

Provide a second example of section 166?

Must Know

Answer 11

• The deceased had been severely kicked by the defendant. A surgeon
  gave the deceased some brandy to restore her, but some of it went into her lungs. It was suggested this was the immediate cause of death.
  However, the court held this did not affect the defendant’s criminal responsibility.

Question 12

Provide a third example of section 166?

Answer 12

• It was necessary to operate on a person as a result of an assault on him by the defendant. The person died under the administration of anaesthetic. It was held that this did not affect the defendant’s criminal
  responsibility.