Attorney General’s Reference (No 3 of 1999)
E655796
Attorney General’s Reference (No 3 of 1999) is a leading House of Lords decision in English criminal law that clarified the principles of transferred malice and causation in homicide cases involving injury to a pregnant woman and the subsequent death of her child.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Attorney General’s Reference (No 3 of 1999) canonical | 1 |
How this entity was disambiguated
This entity first appeared as the object of triple T7296860 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: Attorney General’s Reference (No 3 of 1999) Context triple: [Lord Hoffmann, notableWork, Attorney General’s Reference (No 3 of 1999)]
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A.
R (Jackson) v Attorney General
R (Jackson) v Attorney General is a landmark 2005 House of Lords case that examined the constitutional validity of legislation enacted under the Parliament Acts and explored fundamental principles about the limits of parliamentary sovereignty and the rule of law in the UK.
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B.
Guerin v. The Queen
Guerin v. The Queen is a landmark 1984 Supreme Court of Canada decision that established the federal government’s fiduciary duty toward Indigenous peoples in its management of reserve lands.
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C.
R v McIlkenny and others
R v McIlkenny and others is the criminal case in which the men later known as the Birmingham Six were controversially convicted in 1975 for the Birmingham pub bombings, convictions that were ultimately quashed in 1991.
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D.
Council of Civil Service Unions v Minister for the Civil Service
Council of Civil Service Unions v Minister for the Civil Service is a landmark 1985 UK public law case that established the justiciability of certain exercises of the royal prerogative and clarified the scope of judicial review.
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E.
R v Secretary of State for the Home Department, ex parte Fire Brigades Union
R v Secretary of State for the Home Department, ex parte Fire Brigades Union is a leading UK constitutional law case on the limits of the royal prerogative and the executive’s duty to implement legislation enacted by Parliament.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: Attorney General’s Reference (No 3 of 1999) Target entity description: Attorney General’s Reference (No 3 of 1999) is a leading House of Lords decision in English criminal law that clarified the principles of transferred malice and causation in homicide cases involving injury to a pregnant woman and the subsequent death of her child.
-
A.
R (Jackson) v Attorney General
R (Jackson) v Attorney General is a landmark 2005 House of Lords case that examined the constitutional validity of legislation enacted under the Parliament Acts and explored fundamental principles about the limits of parliamentary sovereignty and the rule of law in the UK.
-
B.
Guerin v. The Queen
Guerin v. The Queen is a landmark 1984 Supreme Court of Canada decision that established the federal government’s fiduciary duty toward Indigenous peoples in its management of reserve lands.
-
C.
R v McIlkenny and others
R v McIlkenny and others is the criminal case in which the men later known as the Birmingham Six were controversially convicted in 1975 for the Birmingham pub bombings, convictions that were ultimately quashed in 1991.
-
D.
Council of Civil Service Unions v Minister for the Civil Service
Council of Civil Service Unions v Minister for the Civil Service is a landmark 1985 UK public law case that established the justiciability of certain exercises of the royal prerogative and clarified the scope of judicial review.
-
E.
R v Secretary of State for the Home Department, ex parte Fire Brigades Union
R v Secretary of State for the Home Department, ex parte Fire Brigades Union is a leading UK constitutional law case on the limits of the royal prerogative and the executive’s duty to implement legislation enacted by Parliament.
- F. None of above. chosen
Statements (38)
| Predicate | Object |
|---|---|
| instanceOf |
English criminal law case
ⓘ
House of Lords decision ⓘ criminal law case ⓘ |
| alsoKnownAs | AG’s Reference (No 3 of 1999) NERFINISHED ⓘ |
| appliesTo | cases involving injury to pregnant women and subsequent death of the child ⓘ |
| areaOfLaw | criminal law ⓘ |
| citedFor |
analysis of causation where medical treatment and time intervene
ⓘ
analysis of transferred malice in homicide ⓘ |
| citedIn |
English criminal law textbooks
ⓘ
academic commentary on foetal rights and personhood ⓘ |
| clarifiedPrinciple |
that causation can be established where the defendant’s act is a significant cause of the child’s death
ⓘ
that liability for homicide can arise where injuries to a pregnant woman cause the later death of the child after birth ⓘ that the unlawful act must be directed at a human being in being for homicide ⓘ that transferred malice does not apply from the mother to the foetus and then to the child ⓘ |
| country | United Kingdom ⓘ |
| court | House of Lords NERFINISHED ⓘ |
| factPattern | defendant stabbed a pregnant woman causing premature birth and later death of the child ⓘ |
| holding |
the child becomes a person in being at birth for homicide purposes
ⓘ
the defendant could be convicted of manslaughter of the child but not murder ⓘ the foetus is not a separate legal person for the purposes of homicide ⓘ |
| issue |
whether intent to harm the mother could be transferred to the child
ⓘ
whether the chain of causation between the stabbing and the child’s death was broken ⓘ |
| jurisdiction | England and Wales ⓘ |
| language | English ⓘ |
| leadingCaseOn |
causal link between initial assault and later death
ⓘ
limits of transferred malice ⓘ |
| legalPrinciple |
a defendant may be liable for manslaughter where his unlawful act significantly contributes to the death of a child born alive
ⓘ
malice cannot be transferred to a foetus that is not yet a person in being ⓘ the chain of causation is not broken by the natural process of birth following an assault ⓘ |
| legalSystem | common law ⓘ |
| partOf | English homicide jurisprudence ⓘ |
| shortDescription | House of Lords case on transferred malice and causation in homicide involving injury to a pregnant woman ⓘ |
| subjectMatter |
causation in criminal law
ⓘ
death of a child following birth ⓘ foetal injury ⓘ homicide ⓘ transferred malice ⓘ unlawful act manslaughter ⓘ |
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Subject: Attorney General’s Reference (No 3 of 1999) Description of subject: Attorney General’s Reference (No 3 of 1999) is a leading House of Lords decision in English criminal law that clarified the principles of transferred malice and causation in homicide cases involving injury to a pregnant woman and the subsequent death of her child.
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.