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#ar #causation #crime #law
It may be necessary to determine when a person becomes 'in being'. Essentially, this is when a person is born alive and is capable of independent life.
The case of R v Poulton (1832) 5 C & P makes it clear that the child must be fully expelled from the mother’s body and born alive. '... the being born must mean that the whole body is brought into the world; and it is not sufficient that the child expires in the progress of the birth. Whether the child was born alive or not depends mainly upon the evidence of the medical men.' (Per Littledale J.)
See also the case of AG-Ref (No 3 of 1994 [1998] AC 245, where, following the stabbing of a pregnant woman in the abdomen, her child was born prematurely and subsequently died. The House of Lords held that the child was not a live person when stabbed and therefore this could not be murder.
However, the case of R v Reeves (1839) 9 C & P 25, indicated that it was not necessary for the umbilical cord between mother and child to have been cut.
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