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R v Constanza [1997] is an English case reaching the Court of Appeal and is well-known (amongst other cases) for establishing the legal precedent in English criminal law that assault could be committed by causing the victim to apprehend violence which was to take place some time in the not immediate future, that it is not necessary for the victim to see the potential perpetrator of the ...
In the case of the two hunters, the set of conditions required to bring about the result of the victim's injury would include a gunshot to the eye, the victim being in the right place at the right time, gravity, etc. In such a set, either of the hunters' shots would be a member, and hence a cause.
The qualifying trigger may take one of two forms, or be a combination of both: that the killing was attributable to the defendant's fear of serious violence from the victim against the defendant or another identified person; or where the defendant's loss of self-control was attributable to a thing or things done or said (or both) which ...
The threat or use of force does not have to take place immediately before or at the time of the theft. [28] Force used after the theft will turn the theft into a robbery unless the theft is complete. The theft is considered completed when the perpetrator reaches a place of temporary safety with the property. [29]
This test works well in straightforward situations, but it proves less successful in establishing causation in more complex situations where a number of actual or potential causes operate either consecutively or concurrently. For example, in Robinson v Post Office [10] following an accident at work, the claimant had an anti-tetanus injection ...
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened ...
An assault is not caused if a defendant threatens to shoot the victim, but the victim is aware that the gun is not loaded or fake. However, it would be the actus reus of an assault if the victim wrongly believes the gun is, or may be, loaded. Since assault is a summary offence, no prosecutions take place for attempted assault. However, it is ...
A person commits intoxication manslaughter if he, or she, operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride while intoxicated and, by reason of that intoxication, causes the death of another by accident or mistake. [13]