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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
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