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 (2)

How this entity was disambiguated

Statements (38)

Predicate Object
instanceOf English criminal law case ⓘ
House of Lords decision ⓘ
criminal law case ⓘ
alsoKnownAs AG’s Reference (No 3 of 1999) ⓘ
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 ⓘ
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 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann → notableWork → Attorney General’s Reference (No 3 of 1999) ⓘ
Attorney General’s Reference (No 3 of 1999) → alsoKnownAs → AG’s Reference (No 3 of 1999) ⓘ
linked to: Attorney General’s Reference (No 3 of 1999)