Causing Death Flashcards
1
Q
Causing death that might have been prevented legislation
A
Section 165 - Crimes Act 1961
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.
2
Q
Causing injury the treatment of which causes death legislation
A
Section 166 - Crimes Act 1961
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
3
Q
CASE LAW: R V BLAUE
A
Those who use violence must take their victims as they find them.
4
Q
Who is liable if treatment of injury is fatal?
A
The person who caused the injury is liable for the injury and its consequences. Degree relies on the mens rea element.
5
Q
R v TAREI
A
Withdrawal of any form of life support system is not ‘treatment’ under s 166 Crimes Act 1961.
To withdraw life support does not cause death but removes the possibility of extending the persons life through artificial means.
