​KembaraXtra-Case Law-Daley (1979) PC: Causation in Manslaughter
​This case establishes an important principle regarding causation when a victim's death results from an escape occasioned by fear induced by the defendant's actions.
Key Principle:

• Foresight of Fear and Escape: If a defendant's actions cause fear in the victim, and this fear leads the victim to attempt an escape, and that escape results in their death, the defendant may be held to have caused the death. This is contingent on the victim's fear and subsequent escape being a reasonably foreseeable consequence of the defendant's conduct.

Case Breakdown:

• Facts: D threw stones at V. V, in fear, fled from D. During the flight, V tripped and, as a result of the fall, died.
• Holding: D was found guilty of manslaughter.
• Reasoning: The court held that where injuries leading to death are sustained as a result of an escape, which itself was occasioned by fear caused by the defendant, and where that fear and the subsequent escape were reasonably foreseeable, the defendant will be considered to have caused the fatal result.

Study Points:

1. Causation Beyond Direct Harm: This case demonstrates that causation in criminal law can extend beyond direct physical contact. The defendant's actions, even if not directly inflicting the fatal injury, can establish causation if they create a chain of events leading to death.
2. The Role of Fear as an Intervening Cause: The victim's fear is not necessarily a novus actus interveniens (a new intervening act) that breaks the chain of causation. If the fear and the escape are foreseeable consequences of the defendant's unlawful act, they are considered part of the unbroken chain of causation.
3. Foreseeability is Crucial: The objective test of foreseeability is paramount. The court will ask whether a reasonable person in the defendant's position would have foreseen that their actions might cause fear, leading to an attempted escape, and that this escape could result in injury or death.
4. Application to Manslaughter: This principle is particularly relevant in cases of involuntary manslaughter, where the defendant's unlawful and dangerous act causes death, but without the intent to kill or cause grievous bodily harm.

To Study Effectively:

• Memorise the Principle: Understand and be able to articulate the core principle from Daley (1979).
• Distinguish from Other Cases: Consider how this scenario differs from cases where the victim's actions might be considered entirely independent and unforeseeable.
• Apply the Test: Practice applying the foreseeability test to hypothetical scenarios involving fear and escape.
• Understand the Rationale: Reflect on why the law considers the defendant to have caused the death in such circumstances – it's about holding individuals accountable for the foreseeable consequences of their unlawful and dangerous behaviour.