Aviso legal: Esto no constituye asesoramiento jurídico. La legislación y la jurisprudencia cambian. Consulte siempre con un abogado cualificado para su situación específica.

Todos los casos
Criminal Law
Courts-Martial Appeal Court
1959

R v Smith (Thomas Joseph)

[1959] 2 QB 35

Ratio Decidendi

The defendant's act need not be the sole or main cause of death. If the original wound is still an operating and substantial cause of death, the defendant is liable for murder even if medical treatment was negligent.

Hechos

A soldier stabbed another soldier. On the way to the medical station, the victim was dropped twice. The medical officer, not realising the lung had been pierced, gave treatment that made the victim's condition worse. The victim died.

Resumen de la sentencia

The court held that the original stab wound was still an operating and substantial cause of death. The negligent medical treatment did not break the chain of causation.

Citas clave

"If at the time of death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some other cause of death is also operating."

Lord Parker CJ

Tratamiento posterior

Good law

Important authority on causation in homicide and the effect of intervening medical treatment.