R v Holland

A defendant remains liable for a death even if the victim unreasonably refused medical treatment that might have saved his life.

Citation
(1841) 2 Mood & R 351
Court
Assizes
Year
1841
Subject
Criminal Law
Topic
Causation

Facts

Mr Holland cut the victim's finger with an iron instrument in an attack. The victim was advised by a surgeon to have his finger amputated, which would probably have saved his life, but he refused. The wound became infected with lockjaw, and he died. Mr Holland was charged with murder.

Legal principle

Maule J directed the jury that the real question was whether the wound inflicted by the defendant was the cause of death, and that it made no difference that the victim's life might have been saved if he had agreed to the amputation. Mr Holland was convicted. The case is an early example of the principle that a defendant takes his victim as he finds him, later developed in R v Blaue.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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