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Mappin Building
University of Sheffield
Sheffield

Criminal law question?

We are working on our assessed piece and in the problem question the defendant punches the victim in the face, he falls and later on dies due to an epileptic fit. Someone saw him having a fit later and didn't help, and this would have saved him.

I have two questions: 1) is this punch ABH or GBH? as if it is ABH we can only go down the line of unlawful act manslaughter, however if its GBH we can look at murder charges?
2) would the negligence from the person seeing the victim ill and ignoring it, be a break in the chain of causation?

Please help a struggling first year out!

Big thanks
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Avatar for AletiaL
AletiaL
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When thinking about breaks in a chain of causation, you would first have to establish that this person had a duty of care to act, which they subsequently failed to fulfil, thus causing a break in the chain of causation


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Mappin Building
University of Sheffield
Sheffield

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