Criminal Law Assignment Essay Example | Topics and Well Written Essays - 1500 words

Criminal Law Assignment - Essay Example ntion, unless they feel sure that death or serious bodily harm was a virtual certainty as a result of the defendants actions, and that the defendant appreciated that such was the case.†2 Based on this ruling there is little chance that Robert and/Stuart can argue that neither had the necessary intention to cause Terry’s death. The dialogue between them prior to cutting Terry loose strongly suggest that each of them knew that by cutting Terry loose death or serious bodily harm was a virtual certainty. In order for a charge of murder to be substantiated against Robert and Stuart it is not necessary for the Crown to prove that the defendants’ conduct was the only and main cause of death. Although there was an intervening cause, namely; the negligence of the rescue crew that ultimately caused Terry’s death, he would not have been exposed to hyperthermia had it not been for Robert and Stuart’s conduct in the first place. Even if it can be shown that Terry had suffered from some medical condition that made him particularly vulnerable to hyperthermia, this would not discharge Stuart and Robert’s responsibility under the â€Å"thin skull rule† which mandates that you take your victims as you find them.3 In R v Dear4 the court ruled that the question was whether or not the injuries caused by the defendant’s conduct was the significant cause of death or significantly contributed to the death of the victim. On the facts of the case for discussion, Robert and Stuart’s conduct not only significantly contributed to Terry’s death but was a significant cause. Therefore it is unlikely that causation would be of any assistance to either one of them as a defence. The defence of necessity was used in the early case of R v Dudly and Stephens5. In this case four persons had become shipwrecked and remained out to sea aboard a small vessel without food and other necessary provision. In order to save themselves, the three strongest decided that it was necessary