R v Lewis [2010]

Facts

• After getting out of his own car, Lewis chased a pedestrian, the victim
• The victim ran into the path of an oncoming car and suffered fatal injuries

Issue

• Did Lewis cause the death of the victim?

Decision

• Yes

Reasoning

• The jury had been correctly directed that if the chasing constituted assault, and in an attempt to flee, the victim ran into the path of the oncoming car, Lewis caused the death of the victim
• The Court of Appeal distinguished between acts which are ‘daft’ (following R v Roberts [1971]) and acts which became the voluntary act of the victim, with the results of the latter not being caused by the defendant. It is submitted that this is an unnecessary distinction to make