R v Smith [1959]

Facts

• The victim was stabbed by Smith, before being carried to a nearby hospital by his drunken friends
• En route to the hospital, he was dropped several times
• At the hospital, he was negligently treated

Issue

• Did Smith cause the death of the victim?

Decision

• Yes

Reasoning

• At the time of death, the stabbing was still an operating and substantial cause of death
• The victim’s decreased chance of survival due to the subsequent acts of the friends and the hospital was irrelevant
• Neither of the two subsequent acts was a supervening act