LAW109 Lecture Notes - Lecture 4: Grievous Bodily Harm, Transferred Intent
15 Mar 2020
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A human being is a person who is living and breath. A person has died when there has occurred irreversible cessation of all function of the person"s brain; or irreversible cessation of circulation of blood (human tissue act. The act or omission of the offender caused the death of the person. Legal causation: different tests have been used by the courts including, reasonable foreseeability test, natural consequence test, operating and substantial cause test (most important) Factual causation does not necessarily equate to criminal liability. Causation is a question of fact for the jury. Can be more than one cause, and potentially more than one liable party. Need not be the sole or even main cause of death r v pagett. Specific intent; that is the purpose was to bring about the consequence of the victim"s death. A subjective test; the prosecution must prove what was the defendants state of mind at the time.
