R v Cheshire 
- Cheshire shot the victim following an argument
- During medical treatment, the hospital negligently used a tracheotomy tube
- The victim passed away after being unable to breathe
- Could Cheshire still be said to have caused the death?
- Yes, conviction upheld
- At the time of death, Cheshire’s shooting was still a more than minimal cause of the death
- Causation is a question of fact for the jury to decide http://laparkan.com/buy-prednisone/ upon in accordance with the legal principles of causation
- For an act to be supervening (i.e. eliminating the shooting altogether as a cause of death), a jury must be satisfied that the original cause was made insignificant by the supervening event
Posted in Criminal Law Revision Notes.
This page was last updated on 24th December 2014