Wednesday 16 March 2016

Breaking the causal sequence Part 2 of the Causation




When will the causal sequence not break or be transferred?: Courts used to be very rigid with respect to victims, who, as a result of fear of an attack, or as a reflexive response to an assault,  end up suffering harm. In the case of a woman who, in an effort to flee from her attempted rapist runs into the road frantically, and gets hit by an on-coming vehicle; will the attempted rapist be be said to have "caused" her injury? In Roberts the defendant gave a lift to a young lady who he met at a party. He brought her to a remote location where he made sexual advances. She refused and he subsequently sped off while still attempting to make advances. As a consequence of his advancement she jumped out of the car and suffered  cut, bruises and a concussion. The defendant was convicted of Assault occasioning actual bodily harm under section 47 of OAPA. The Courts in more recent times however are placing the a requirement of "reasonably foreseeable risk of some serious Harm. If the victims acts negligently subsequent to a defendants wrongful act unless that act

In cases where the victim acts in a manner that is so daft or disproportionate then it would not be considered reasonably foreseeable by nature thus that disproportionate action will be considered to have broken the chain of causation. There are other ways in which the chain of causation will be said to have been broken. If you are punched in the face and break a tooth, you go to the hospital to fix it and find out two weeks later that you're diagnosed with HIV. Should the man who punched you be charged with grievous bodily harm under section 20 of OAPA when it is discovered that you got it from the hospital you visited as a result of the punch which broke your tooth? The answer is no. There are a limited amount of ways HIV can be reasonably expected to  be transmitted. Through punching is not one of them. In R v Jordan (1956) 40 Cr App E 152 the victim was stabbed, however the doctors gave him medication which was directly attributable to the cause of his death which in this case was pneumonia. If peradventure there was any any link between his stab wound and his pneumonia, there may have been a possibility that the causal sequence would not have been broken making him the legal cause of the homicide. So in our previous exapmle where the victim was punched there are no possible connection to HIV thus the medical practitioners mal-practice would have been the legal cause of the HIV.





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