R v White

A defendant is not guilty of murder if the victim would have died anyway, because his act was not a factual cause of death.

Citation
[1910] 2 KB 124
Court
Court of Criminal Appeal
Year
1910
Subject
Criminal Law
Topic
Causation

Facts

Mr White put potassium cyanide into his mother's drink, intending to kill her so that he could inherit her property. She drank a small amount, and was found dead shortly afterwards. Medical evidence showed that she had died of a heart attack, not from the poison, and that the amount she drank would not have killed her. He was acquitted of murder but convicted of attempted murder.

Legal principle

The Court of Criminal Appeal upheld his conviction for attempted murder. He could not be guilty of murder, because his act was not the cause of his mother's death: she would have died at that time even if he had done nothing. The case illustrates the but for test of factual causation, which asks whether the result would have occurred but for the defendant's conduct.

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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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