Category: Causation
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In Carter v Attorney-General (No 2) [2014] 1 Qd R 111, the appellant, a heroin user, aided the deaths of two persons who expressed a wish to die. The Court of Appeal considered whether s 311 (aiding suicide) was a complete code, and whether killing someone with intention to kill even though that person expressed…
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In this failure to warn case, Wallace v Kam (2013) 250 CLR 375, the High Court unanimously dismissed the appeal holding that Dr Kam was not liable for Wallace’s neurapraxia, as Wallace would have proceeded with surgery regardless of being warned about the specific risk.
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In Royall v The Queen (1991) 172 CLR 378, the High Court upheld Royall’s murder conviction. Royall’s actions were the “substantial or significant cause” of the victim’s response of jumping to her death, maintaining the chain of causation.
