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R v Cheshire [1991]

Facts

  • 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

Issue

  • Could Cheshire still be said to have caused the death?

Decision

  • Yes, conviction upheld

Reasoning

  • 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
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