면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Criminal Law
Courts-Martial Appeal Court
1959

R v Smith (Thomas Joseph)

[1959] 2 QB 35

판결 이유

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.

사실관계

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.

판결 요약

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.

주요 인용문

"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

후속 처리

Good law

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