Irish BCL Notes Irish Criminal Law Notes
These notes contain detailed summaries of every single case in each area up to summer 2008.
Each case is summarised in c. 200 words. A selection of articles is included as well. The main points of each decision are set out in a logical sequence and, in the case of divisional decisions, attributed to each judge.
By reducing each judges' decision to its essentials you can readily see their strengths and weaknesses, allowing you to focus on forming your own opinion....
The following is a more accessible plain text extract of the PDF sample above, taken from our Irish Criminal Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Actus Reus-Voluntariness and Causation
R v Lipman (CA 1969)
Facts
The defendant voluntarily consumed LSD and then murdered his friend while under the influence.
Issue
Voluntariness
Judgment
Widgery LJ
For the purposes of ascertaining voluntariness there is no distinction between drugs voluntarily taken and drunkeness voluntarily induced.
It may affect the mens rea but has no effect on the voluntariness of the actus reus
Fenton Atkinson LJ (concurred)
James LJ (concurred)
R v Larsonneur (UK CCA 1933)
Facts
The plaintiff was a French citizen allowed into the UK on the condition that she leave on a certain date.
On that date she went to Ireland from where she was deported back to the UK.
Issue
Voluntariness – State of Affairs
Judgment
Lord Chief Justice
The statute requires only that a state of affairs exist (the alien being present in breach of the conditions of her being allowed to land) and if they exist then the crime has been committed.
Avory J (concurred)
Humphreys J (concurred)
R v White (KB 1910)
Facts
The accused's mother had been found dead with a drink laced with cyanide beside her.
The accused was shown to have purchased cyanide shortly before this happened but the medical evidence showed that cyanide had not been the cause of death.
Issue
Causation
Judgment (Bray J)
The actus reus did not cause death, hence the crime is attempted murder.
R v Jordan (UK CCA 1956)
Facts
The accused stabbed a man in a brawl and the victim was subjected to palpably wrong medical treatment (administered drugs to which he was allergic and abnormal quantities of intravenous liquid) and died.
By the time the medical treatment was undertaken, the stab wound was mainly healed and drugs were administered not to treat it but to prevent infection.
Issue
Causation – Poor medical treatment
Judgment (Hallett J)
The symptoms which were the direct and immediate cause of death arose not out of the stabbing but out of the medical treatment.
Thus the death had not been caused by the actions of the accused.
R v Smith (CMAC 1959)
Facts
The accused stabbed a man during a fight.
The victim had been dropped twice on the way to the hospital, and due to lack of time and other factors the doctors gave the wrong treatment, resulting in the victim's death.
Issue
Causation – Poor medical treatment
Judgment (Lord Parker)
If at the time of death, the original wound is an operating and substantial cause, then the death can be said to be caused by the wound.
It is only where it can be said that the original wound is merely the setting in which another cause operates can it be said that the death is not caused by the wound i.e. only if the second cause is so overwhelming as to make the original wound merely part of the history, can it be said that the death does not flow from the wound.
R v Jordan distinguished
Turns on its own facts – death was caused by the administration of the wrong drug and the stab wound had already healed.
R v Blaue (CA 1975)
Facts
The accused stabbed a Jehovah's Witness.
The victim refused a blood transplant, which would have saved her life.
Issue
Causation – Refusal of medical treatment
Judgment
Lawton LJ
The cause of death was not the decision of the victim but the stabbing.
The assailant must take their victim as they find them – this includes not only any physical predispositions, but also their mental and spiritual ones.
Behaviour motivated by religious beliefs can not be impugned by the accused as unreasonable.
Thompson LJ (concurred)
Shaw LJ (concurred)
R v Cheshire (CA 1991)
Facts
The accused shot his victim in the leg and stomach.
While being treated in hospital, he developed a respiratory problem and the doctors performed a tracheotomy.
The accused developed chest infections and remained in hospital, during which time he died as a result of a rare but known complication arising out of the tracheotomy.
Issue
Causation – Complications arising out of medical treatment
Judgment (Beldam J)
When the victim of a criminal attack is treated for injuries by medical staff, it is only in the most extraordinary and unusual case that such treatment can be said to be so independent of the acts of the accused that it could be regarded in law as the cause of the victim's death to the exclusion of other acts.
The judge should direct a jury that the act must be found to have caused the accused's death where it contributed significantly to the death.
Even where medical treatment is the immediate cause of death, it should not be regarded as excluding the the responsibility of the accused unless the treatment was so independent of his acts and in itself so potent in causing death, that it renders the contribution of the accused insignificant.
R v Kennedy (HoL 2007)
Facts
The accused had prepared a syringe full of heroin for the deceased at the deceased's request.
He was convicted of manslaughter.
Issue
Causation – Intervening act of a third party
Judgment
The criminal law assumes that individuals are autonomous actors.
The question of causation differs depending on the context and the objectives of the law under consideration – the criteria in Empress Car, a pollution case, do not apply.
Thus, as the deceased freely and voluntarily injected the heroin, the accused could not be guilty of manslaughter.
McCauley&McDermott, Criminal Liability, Intervening Acts
Two approaches to ascertaining a novus actus interveniens:
An act that is 'free, deliberate and informed' that contributes to the result OR
A contributing factor that is something other than the natural consequence of the original act
e.g. an unreasonable effort at self preservation
The desire to see those whose wrong-doing causes harm punished, often determines which approach is used.
Only in exceptional circumstances will subsequent medical treatment be found to break the chain of causation...
Buy the full version of these notes or essay plans and more in our Irish Criminal Law Notes.
These notes contain detailed summaries of every single case in each area up to summer 2008.
Each case is summarised in c. 200 words. A selection of articles is included as well. The main points of each decision are set out in a logical sequence and, in the case of divisional decisions, attributed to each judge.
By reducing each judges' decision to its essentials you can readily see their strengths and weaknesses, allowing you to focus on forming your own opinion....
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