R v Pittwood (1902)

Facts

  • The defendant was under a contractual obligation to open and close level crossing gates at specified times
  • He negligently failed to close the gate, resulting in the death of a horse and its cart occupant

Issue

  • Did the defendant cause the death of the occupant?

Decision

  • Yes

Reasoning

  • The defendant was under a duty to open the gate, which was breached
  • As a direct result of the breach, the presence of the occupant was allowed, and therefore his death
RELATED CASE  R v Asmelash [2013]

Posted in Criminal Law Revision Notes.

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