Tag: causation
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In Carter v Attorney-General (No 2) [2014] 1 Qd R 111, the Court of Appeal examined the issues of whether section 311 (‘aiding suicide’) of the Criminal Code was a complete code, and whether killing with the intention to kill, where the person desired death, is murder?
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In this negligence 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.
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In Amaca Pty Ltd v Ellis [2010] HCA 5, the High Court determined that asbestos exposure was not a probable cause of a long-term smoker’s lung cancer—it was incorrect of the trial judge to assess causation by reference to the cumulative asbestos exposure over successive employment periods.