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Category: FOUNDATIONAL ELEMENTS OF A CRIME

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FOUNDATIONAL ELEMENTS OF A CRIME

Emperor v. Mushnooru Suryanarayana Murthy (1912 )22MLJ 333 

ISSUE:

Whether the accused can be held guilty for the murder of Rajalakshmi?

RULE:

Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. It is to be observed that the section does not require that the offender should intend to kill any particular person. It is enough if he causes the death of any one by doing an act with the intention of causing death to any one, whether the person intended to be killed or any one else.

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FOUNDATIONAL ELEMENTS OF A CRIME

Regina v. Robert Konrad Blaue [1975] 1 WLR 1411

ISSUE:

Whether the wound inflicted by the appellant was the cause of death or her refusing to the blood transfusion acted as a Novus actus interveniens and so broke the chain of causation?

RULE:

If at the time of death the original wound is still the operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some other cause of death is also operating.

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FOUNDATIONAL ELEMENTS OF A CRIME

R v. kennedy [2007] UKHL 38

ISSUE:

Whether the victim's act in self injecting the injection was an intervening act such as to break the chain of causation?

RULE:

The criminal law generally assumes the existence of free will. The law recognizes certain exceptions, in the case of the young, those who for any reason are not fully responsible for their actions, and the vulnerable, and it acknowledges situations of duress and necessity, as also of deception and mistake. But, generally speaking, informed adults of sound mind are treated as autonomous beings able to make their own decisions how they will act, and none of the exceptions is relied on as possibly applicable in this case.

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