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KembaraXtra-Case Law- R v Clarke (1991)
I. Case Overview
I. Case Overview
- Citation: R v Clarke (1991)
- Area of Law: Causation in Criminal Law, Murder
- Victim (V): Informed her boyfriend (D) she was having an abortion.
- Defendant (D):
- Reacted violently upon hearing the news.
- Initially hit and strangled V.
- Subsequently, in a state of panic, electrocuted V with live wires.
- The strangling may have killed V.
- Did D's actions constitute a single continuing act of violence leading to V's death, thus establishing causation for murder?
- D was found guilty of murder.
- Continuing Act of Violence: If the actions leading to death are part of one continuous assault, the jury should consider all actions of the accused when determining causation.
- Causation: The court will look at the entire chain of events to determine if the defendant's actions caused the victim's death.
- Remoteness: Actions too far removed from the cause of death will not be considered (e.g., disposing of the body).
- Illustrates the principle of causation in cases involving a series of actions by the defendant.
- Emphasizes that a continuous act of violence, even with intervening acts, can still establish causation for murder.
- Highlights the importance of assessing the proximity of actions to the ultimate cause of death.
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