R v Pagett [2006]

Facts

• Upon the police raiding his house, Pagett, the defendant, used his girlfriend as a human shield as her shot downstairs towards the police
• The the darkness, the police returned fire, killing Pagett’s girlfriend
• The police officer was acting in self-defence

Issue

• Did Pagett cause the death of his girlfriend?

Decision

• Yes

Reasoning

• Although the police fired the shot(s) which factually caused death, it was a shot fired for the purposed of self-preservation, which can be distinguished from a voluntary act and therefore a foreseeable consequence