R v Smith

Facts

During a fight between soldiers of different regiments, Smith stabbed another soldier twice with a bayonet. On the way to the medical station a comrade dropped him twice. The medical officer did not appreciate that a lung had been pierced, and the treatment was thoroughly bad.

Issue

Does bad treatment break the chain if the wound is still operating at death?

Held

The murder conviction was upheld. Lord Parker said that if the original wound is still an operating and substantial cause, the death results from it, even if another cause is operating as well.

Principle

The chain breaks only when the wound is merely the setting, or merely part of the history.

Why it matters

It is the general rule on medical treatment. Jordan is the rare case on the other side.

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