R v Smith
A defendant remains liable if his act was still an operating and substantial cause of death, even if the victim's treatment was poor.
Facts
Mr Smith, a soldier, stabbed another soldier during a fight in their barracks. The victim was dropped twice while being carried to the medical station, the doctor there failed to realise that his lung had been pierced, and he was given treatment that was later described as thoroughly bad. He died about two hours after the stabbing. Mr Smith was convicted of murder by a court martial.
Legal principle
The Courts-Martial Appeal Court upheld the conviction. Lord Parker CJ said that if at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some other cause of death is also operating. Only if the second cause is so overwhelming as to make the original wound merely the setting in which another cause operates can it be said that the death did not result from the wound. The case is usually contrasted with R v Jordan.
Related cases on causation
- Baker v Willoughby [1970] AC 467
- Barker v Corus UK Ltd [2006] UKHL 20, [2006] 2 AC 572
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Bonnington Castings Ltd v Wardlaw [1956] AC 613
- Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32
- Gregg v Scott [2005] UKHL 2, [2005] 2 AC 176
- Hotson v East Berkshire Area Health Authority [1987] AC 750
Studying criminal law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
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.
