Subject Matter Index

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Consequence of shooting a person with a gun

Duty on prosecution to prove the cause of death in a murder charge

Effect of a novus actus interveniens on the proof of the cause of death

Effect of an intervening cause on case of the prosecution

Factors for determining whether or not death was the probable consequence of the acts of the accused

How cause of death can be proved

How the cause of death can be inferred in the absence of medical evidence

How to prove the cause of death beyond reasonable doubt

Importance of proving the cause of death in a murder charge

Nature of the duty on the prosecution to prove the cause of death and how it can be discharged

Position of the law on the cause of death where the deceased was hale and hearty before the occurrence of an offending act and death is instantaneous or nearly so

Position of the law on when medical evidence will be held to have broken the link of causation as to the deceased's death

Position of the law where the cause of death is obvious

Proof of cause of death

3 subsidiary principles

The correct approach open to a court when there is more than one possible cause of death, one of which arises from a novus actus interveniens

The duty on the prosecution to prove clearly the cause of death before a conviction for murder/culpable homicide can be correctly given

The effect of the failure of the prosecution to prove the cause of death

The principle governing the requirement of the identification of the corpse of a deceased

The principle that the court will infer intention to cause death where an accused person applies dangerous weapon on the deceased

The principle that the identity of the corpse examined by a medical doctor must be satisfactorily established.

The principle that where a person is attacked with a lethal weapon and he dies on the spot or shortly afterwards, it is reasonable to infer that the injury inflicted on him caused the death

The rule that the cause of death must be established with certainty

Ways of proving a causal link between the cause of death and the acts of the accused

When the accused person will be held to have caused the death of the deceased

Whether a specialist pathologist must conduct a postmortem

Whether an accused person has a duty to prove/suggest an alternative cause of death

Whether an inquiry into who caused the death of the victim can be undertaken when the cause of death has not been determined

Whether circumstantial evidence can prove the fact of death in a murder charge

Whether evidence of the cause of death is indispensable

Whether it is the duty of an accused person to give an explanation relating to how the deceased met his or her death

Whether production of the lethal weapon or medical evidence is required where the deceased died on the spot

Whether the act of the accused person will be held to be the cause of death where the deceased was hale and hearty

Whether the duration between the suspected act of the death is important in determining the cause of death

Whether the failure to prove cause of death is fatal to conviction

Whether the most proximate event to the death of the deceased is deemed to be the cause of death of the deceased

Whether there can be a conviction for murder where there is the possibility that the deceased died from other causes than the act of the deceased

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