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KembaraXtra-Case Law- Jordan (1956)
This case concerns causation in criminal law, specifically whether the defendant's actions were the legal cause of the victim's death when medical intervention played a role.
Case Facts:
This case concerns causation in criminal law, specifically whether the defendant's actions were the legal cause of the victim's death when medical intervention played a role.
Case Facts:
- Defendant (D) inflicted a stab wound on the Victim (V).
- V died eight days later in hospital.
- At the time of death, the wound was almost healed.
- V received medical treatment, including:
- A second dose of a drug to which V was intolerant.
- Intravenous liquid doses that waterlogged V's lungs.
- Was D's action the legal cause of V's death, or did intervening medical treatment break the chain of causation?
- D was not guilty of murder.
- The court held that the medical treatment administered to V was "palpably wrong" (per Hallett J).
- This "palpably wrong" medical treatment was considered to have "precluded" a jury from holding that death was caused by D's action.
- Unforeseen and "palpably wrong" medical intervention can break the chain of causation, meaning the defendant's initial act may not be considered the legal cause of death, even if it initiated the sequence of events.
- This case illustrates the principle that the chain of causation can be broken by an intervening act that is so "palpably wrong" that it becomes the dominant cause of death.
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