Causing death

Question 1

Causing death that might have been prevented

s. 165

Answer 1

Everyone 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 2

Causing injury the treatment of which causes death

s. 166

Answer 2

Everyone 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, improper applied in good faith

Question 3

Preventable death
(case law)

Answer 3

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

Liability depends on the mens rea, not on the victims subsequent actions.

Question 4

When treatment of injury is fatal

Answer 4

The person who caused the original injury is liable for the death, even if the person has died as the result of improper treatment