Adele's Death: Wrongful Acts and Causation

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The present case deals with three individuals and the roles they played in Adele’s death. This paper examines the wrongful acts committed by the individuals and which of these acts it the legal cause of Adele’s death. It will do this by: first, examining Imran’s wrongful act and how he started the chain of causation; second, analysing Rita’s wrongful act and why she is not the legal cause of Adele’s death; and finally, reviewing the paramedic’s contractual duty to act and why they are not liable for Adele’s death. By analysing these issues, this paper will demonstrate that Imran’s failure to act on his duty to remedy the situation is the cause of Adele’s death; therefore, he should be charged for manslaughter. Imran Imran is both a factual cause and the legal cause of Adele’s death. His original conduct of exploding the paper bag created a dangerous situation when Adele fell over, hit her head, and lost consciousness. The actus reus for the original act was exploding the paper bag, although the mens rea was not present because he did not intend to hurt her. The mens rea did not become present until Imran became aware that he caused Adele’s injury. According to R v. Miller , Imran adopted a duty to remedy a dangerous situation by causing Adele to fall and hit her head; thus upon realizing what has happened, he has an obligation take the necessary steps to make sure she is safe. In the case, the defendant fell asleep while smoking a cigarette and accidently lit the bed on fire. When he woke up and realized the dangerous situation that he had caused, he left the room. The court held that he had a duty to try and remedy the situation, which he failed to do; therefore, he was found guilty by committing an omission. In Miller , the ... ... middle of paper ... ...ined the wrongful acts committed by the individuals in the case and which of these acts caused Adele’s death. It did this by: reviewing how Imran’s act and omission set the chain of causation in motion, examining how Rita’s wrongful act was not the legal cause; and by reviewing the paramedic’s omission and how it was not enough to break the chain of causation. By addressing these issues, this paper demonstrated that Imran’s act and omission was the legal cause of Adele’s death; therefore, he should be charged with manslaughter. Works Cited Booth v CPS [2006] EWHC 192 (Admin) Huxley-Binns, Rebecca. Criminal Law. 3rd Edition. Oxford: Oxford University Press, 2013. R v Dalloway (1847) 2 Cox CC 273, Stratford CC R v Miller [1983] 1 All ER 978 R v Mitchell [1983] QB 741 R v Pittwood (1902) 19 TLR 37, Taunton Assizes R v Smith [1959] 2 QB 35

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