Causing Death

Question 1

Preventable death; section and explanation

Answer 1

s165 imposes a liability on a person who is responsible for a death if an injury inflicted by him is an operative cause f death (directly or indirectly)

Question 2

R v Blaue

Answer 2

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

Question 3

When treatment of injury is fatal; section and explanation

Answer 3

s166
- when a person dangerously injuries the victim, as a result, treatment is administered to the victim and that treatment is the immediate cause of the victims death.
- the person who caused the injury is liable for the injury and its consequences
- degree of liability requires on mens rea

Question 4

R v Kirikiri

Answer 4

injuries needs to be an “operating and substantial cause “ of death, and not injuries that were “merely part of the history”

Question 5

R v Tarei

Answer 5

Withdrawal of life support is not “treatment” under Crimes Act

Question 6

R v Jordan; application and two rules

Answer 6

Application:
- An injury must remain a substantial cause of death

Two rules:
- death resulting from any normal treatment employed to deal with a felonious injury may be regarded as caused by the injury
- in other circumstances, it is a question of fact to establish a causal connection between the death and the felonious injury

Question 7

novus actus interviens meaning

Answer 7

[latin: a new intervening act]
an intervening act that breaks the chain of causation