CASES

• Franklin

  It must be a criminal offence.
• Lowe

  An omission is not sufficient, It must be a positive voluntary act.
• Lamb

  If any element of the offence is missing then it is not a criminal act
• Church

  It was held that the sober and reasonable person must see there was an obvious risk of some harm
• Dawson

  It must be an obvious risk of harm, the sober reasonable person has the same knowledge as the defendant at the scene
• Dalby

  This caused problems where the defendant supplied the victim with a drug (an unlawful act) but then the victim self- injects. This is an act of the victim which breaks the chain.
• Cato

  If the defendant injects the victim then the chain is not broken and the defendant is still liable