R v Malcherek

Facts

Malcherek inflicted injuries that caused brain damage. The victim was placed on a life-support machine. After tests for brain-stem death, doctors switched the machine off. She was pronounced dead shortly afterwards. Steele's case, a grave head injury, was heard with it.

Issue

Do the doctors cause the death by switching off the machine?

Held

Both appeals against convictions for murder were dismissed. The injuries were an operating and substantial cause. Whether the doctors were also a cause was immaterial.

Principle

Disconnecting life support after brain-stem death does not relieve the person who inflicted the injury.

Why it matters

Read it with Smith. The wound, or the injury, was still the operating cause.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.