5. Intervening Events: Novus Actus Interveniens Flashcards
This ________ ___ must be both sufficiently independent of the _______ actions & sufficient serious enough.
Intervening act
Defendant
There must be a direct link between the ___ and the ________. Sometimes there might be an event that breaks this ____ __ ______. This is known as an ‘intervening act’
Act
Consequence
Chain of causation
The chain can be breaking by;
- The act of a 3rd ____.
- The _____ own act.
- A natural unpredictable event.
Party
Victims
Victim was stabbed but recovering well. Was given an antibiotic, but had an allergic reaction. Next day, different doctor gave victim large dose of antibiotic again and the victim died.
What case is this?
Jordan
In _____; the doctors treatment was “________ ______” and constituted an __________ ___ breaking the _____ __ _______. Held not guilty.
Jordan
Palpably wrong
Intervening act
Chain of causation
D stabbed a soldier. The victim was put on a soldier and the injury was made worse by artificial respiration. Victim died. If in better care his chance of survival would have been 75% better. What case is this?
Smith
In _____ the defendants stabbing was the overwhelming _____ of the victims death. Defendant was held guilty of murder.
Smith
Cause
D stabbed his wife who was then taken to hospital and put on life support machine. She suffered two heart failures and after 10 days had irreversible brain damage. The doctors switched off the machine. Which case is this?
Malcherek and Steel
In _______ & ______ the doctors decision did not break the ____ __ _______. D’s act could be regarded as the ____ of V’s death.
Malcherek and Steel
Chain of causation
Cause