#ar #causation #crime #law
R v Cheshire [1991] 3All ER 670 FACTS: Cheshire shot the victim twice. Following extensive surgery the victim developed respiratory problems and required a tracheotomy tube to be inserted into his windpipe. Scar tissue formed over the tracheotomy whole and the victim found it difficult to breath. The medical staff dismissed this as anxiety. Eventually his windpipe became completely blocked and he died. At the time of his death, the victim's original wounds had healed. HELD: The Court of Appeal held that poor medical treatment did not break the chain of causation. Beldam LJ:
‘Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the defendant unless the negligent treatment was so independent of his acts, and in itself so potent in causing death, that they regard the contribution made by his acts as insignificant.’
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