Whether V Jumping Out Of The Window Broke The Chain Of Causation?

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I Facts The victim fell from her bathroom window, in which she and the defendant resided. Prior to the fall, the victim was in an argument with the defendant leading to him forcibly entering their bathroom. Although the series of events leading up to the victim’s fall are unclear, it has been suggested in the prosecution case that the victim was either pushed out of the window by the defendant or voluntarily jumped out. II Issues A Whether D’s act caused V’s death? B If so, whether V jumping out of the window broke the chain of causation? III Rules A Causation 1 Legal or causal responsibility (a) Natural consequences Mason J citied in R v Grimes and Lee that: ….Where the conduct of the accused induces in the victim a well-founded apprehension of physical harm such as to make it a natural consequence that the victim would seek to escape and the victim was …show more content…

B Novus Actus In R v Roberts, it was found that an “unreasonable voluntary act breaks the chain of causation.” Although, McHugh’s citing People v Lewis provides that “…. persons subjected to violence or the threat of violence do not always think rationally or act reasonably. If a person committed suicide to avoid torture and eventual death, I do not see why the causal chain should be broken”. Mason J finds that: ...an act done by a person of self-preservation, in the face of violence or threats of violence on the part of another, which results in the death of the first person, does not negative causal connect between violence or threats of violence and the death. IV Application A

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