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#ar #causation #crime #law
R v Holland (1841) 2 Mood & R 351 FACTS: The deceased was attacked by Holland and suffered a number of wounds, which included a severely cut finger. The surgeon advised that he should have the finger amputated in order to prevent the wound from becoming infected. The deceased ignored the surgeon's advice. Several weeks later he contracted tetanus from the wound and died. The defendant argued that the cause of death was not the wound, but the refusal to accept treatment, treatment that would have saved the deceased's life. HELD: The court held that this was no defence. It did not matter whether the wound was instantly mortal or whether it became the cause of death because the deceased refused the recommended treatment. What mattered was that the wound was the real cause of death.
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