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R v Hennigan [1971]

Facts

  • Hennigan killed another driver by crashing into him at a dangerous speed on a dark road
  • Both drivers were potentially at fault

Issue

  • Was Hennigan responsible for the death of the other driver?

Decision

  • Yes

Reasoning

  • The trial judge was wrong in equating criminal liability with a 20% threshold test for contribution to the result
  • As long as Hennigan’s act contributed to the other driver’s death in a more than minimal way, he caused the death
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