- Published on
KembaraXtra-Case Law-Pagett (1983) CA
Facts of the Case
Facts of the Case
- Defendant (D) shot at police officers.
- Victim (V) was used by D as a human shield against police gunfire.
- V died from three bullet wounds inflicted by police.
- D was charged with manslaughter.
- Did D's actions cause V's death?
- Does V's act of self-preservation break the chain of causation?
- D was guilty of manslaughter as his act contributed significantly to V's death.
- Causation:
- D's act need not be the sole cause, or even the main cause of the victim's death.
- It is sufficient that his act contributed significantly to the result.
- Novus Actus Interveniens (Breaking the Chain of Causation):
- A reasonable act of self-preservation performed by the victim,
- which is itself caused by the defendant's act,
- does NOT operate as a novus actus interveniens.
- "Significant Contribution" to causation is sufficient for manslaughter.
- Victim's reasonable acts of self-preservation, if caused by the defendant, do not break the chain of causation.
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