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R V Holland
''R v Holland'' (1841) is a general-principle English criminal law decision as to ''novus actus interveniens'' — breaking the chain of causation. It confirmed the rarity of scenarios that will break the chain when serious, intentional bodily harm is carried out. Facts The defendant (Holland) mugged Thomas Garland with a knife. During the incident, Garland's thumb was cut. Gangrene and tetanus set into that wound. Garland's doctor warned Garland that amputation was necessary. The victim refused medical treatment for the gangrene Gangrene is a type of tissue death caused by a lack of blood supply. Symptoms may include a change in skin color to red or black, numbness, swelling, pain, skin breakdown, and coolness. The feet and hands are most commonly affected. If the ga ...-infected wound initially. Garland later, after the thumb got worse, did get the thumb amputated, but it was too late and he died anyway of sepsis. Had Garland listened to advice sooner, he would like ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal
An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other lower tribunal. Appellate courts other than supreme courts are sometimes named as Intermediate appellate court. In much of the world, Judiciary, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual Evidence (law), evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a Discretionary review, discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court determines the extent of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Novus Actus Interveniens
Breaking the chain (or ''novus actus interveniens'', literally ''new intervening act'') refers in English law to the idea that causal connections are deemed to finish. Even if the defendant can be shown to have acted negligently, there will be no liability if some new intervening act breaks the chain of causation between that negligence and the loss or damage sustained by the claimant. Discussion Where there is only a single operative cause for the loss and damage suffered by the claimant, it is a relatively simple matter to determine whether that cause was a breach of the duty of care owed to the claimant by the defendant. But where the sequence of events leading to the loss and damage comprises more than one cause, the process of separating and attributing potential or actual liability is more complicated. Act of God and other natural events as contributing causes Where there are several potential causes of harm, some of which are tortious and some of which are natural, th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Causation (law)
Causation is the "causal relationship between the defendant's conduct and end result". In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. In criminal law, it is defined as the ''actus reus'' (an action) from which the specific injury or other effect arose and is combined with ''mens rea'' (a state of mind) to comprise the elements of guilt. Causation applies only where a result has been achieved and therefore is immaterial with regard to inchoate offenses. Background concepts Legal systems more or less try to uphold the notions of fairness and justice. If a state is going to penalize a person or require that person pay compensation to another for losses incurred, liability is imposed according to the idea that those who injure others should take responsibility for their actions. Although some parts of any legal system will have qualities of strict liability, in which the ''mens rea'' is immaterial to the result and sub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gangrene
Gangrene is a type of tissue death caused by a lack of blood supply. Symptoms may include a change in skin color to red or black, numbness, swelling, pain, skin breakdown, and coolness. The feet and hands are most commonly affected. If the gangrene is caused by an infectious agent, it may present with a fever or sepsis. Risk factors include diabetes, peripheral arterial disease, smoking, major trauma, alcoholism, HIV/AIDS, frostbite, influenza, dengue fever, malaria, chickenpox, plague, hypernatremia, radiation injuries, meningococcal disease, Group B streptococcal infection and Raynaud's syndrome. It can be classified as dry gangrene, wet gangrene, gas gangrene, internal gangrene, and necrotizing fasciitis. The diagnosis of gangrene is based on symptoms and supported by tests such as medical imaging. Treatment may involve surgery to remove the dead tissue, antibiotics to treat any infection, and efforts to address the underlying cause. Surgical efforts may include ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Blaue
''R v Blaue'' (1975) 61 Cr App R 271 is an English criminal law appeal in which the Court of Appeal decided, being a court of binding precedent thus established, that the refusal of a Jehovah's Witness to accept a blood transfusion after being stabbed did not constitute an intervening act for the purposes of legal causation. This upheld the decision of Mocatta in the court below, Teesside Crown Court. Facts and legal processes The defendant, Robert Konrad Blaue, entered the home of an 18-year-old woman, Jacolyn Woodhead, and asked for sex. When she declined his advances, he stabbed her four times; one wound penetrated her lung which necessitated both a blood transfusion and surgery to save her life. After refusing treatment because of her religious beliefs as a Jehovah's Witness, she died. The prosecution conceded that she would not have died if she had received treatment. The prosecution did not challenge unrelated evidence that the defendant was suffering from diminished ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Criminal Case Law
English usually refers to: * English language * English people English may also refer to: Culture, language and peoples * ''English'', an adjective for something of, from, or related to England * ''English'', an Amish term for non-Amish, regardless of ethnicity * English studies, the study of English language and literature Media * ''English'' (2013 film), a Malayalam-language film * ''English'' (novel), a Chinese book by Wang Gang ** ''English'' (2018 film), a Chinese adaptation * ''The English'' (TV series), a 2022 Western-genre miniseries * ''English'' (play), a 2022 play by Sanaz Toossi People and fictional characters * English (surname), a list of people and fictional characters * English Fisher (1928–2011), American boxing coach * English Gardner (born 1992), American track and field sprinter * English McConnell (1882–1928), Irish footballer * Aiden English, a ring name of Matthew Rehwoldt (born 1987), American former professional wrestle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1841 In Case Law
Events January–March * January 20 – Charles Elliot of the United Kingdom and Qishan of the Qing dynasty agree to the Convention of Chuenpi. * January 26 – Britain occupies Hong Kong. Later in the year, the first census of the island records a population of about 7,500. * January 27 – The active volcano Mount Erebus in Antarctica is discovered, and named by James Clark Ross. * January 28 – Ross discovers the "Victoria Barrier", later known as the Ross Ice Shelf. On the same voyage, he discovers the Ross Sea, Victoria Land and Mount Terror. * January 30 – **El Salvador proclaims itself an independent republic, bringing an end to the Federal Republic of Central America. **A fire destroys two-thirds of the city of Mayagüez, Puerto Rico. * February 4 – The first known reference is made to Groundhog Day, celebrated in North America, in the diary of a James Morris. * February 10 – The Act of Union (''British North America Act'', 1840) is proclaimed in Cana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
