Case Brief
Facts: Smith stabbed the victim who died 4 hours later; A fellow member of his company had dropped the stab victim on the way to the hospital to get treatment. Once in emergency care, there was no blood transfusion. The victim was given saline solution (which, medically, is a gross error), and used artificial respiration - not knowing that the victim was suffering from a pierced lung). It was stated that with proper treatment, chances of the victim's survival was about 75%.
Issue: Did Smith cause the death of the stab victim? Defence: argued that death was not the sole and natural consequence of wound, and hence, did not flow directly from it.
Court: Essence of causation test – is that if at the time of death, the wound is still an operating and substantial cause, then death is caused by the wound, even though another operating cause may be present. This is often referred to as the chain of causation. If the original wound is merely a setting in which another cause operates, then it cannot be said that death resulted from the stab wound. Is the second cause so overwhelming so as to make the first wound merely part of the history?
One question to ask is: Can you show a new cause which disturbs the sequence of events?
Held: The Court looked to particular facts of the case, and Smith was convicted, as he satisfied the Essence of causation test. If the stabbed soldier had received proper treatment while in emergency care, he would have had a good chance of a complete recovery. Smith was consequently convicted of manslaughter because the wound was in fact the “operating and substantial cause of death”. University students must be aware with this case.
Read more about this topic: R V Smith (Thomas Joseph)
Famous quotes containing the word case:
“Before I get through with you, you will have a clear case for divorce and so will my wife. Now, the first thing to do is arrange for a settlement. You take the children, your husband takes the house, Junior burns down the house, you take the insurance and I take you!”
—S.J. Perelman, U.S. screenwriter, Arthur Sheekman, Will Johnstone, and Norman Z. McLeod. Groucho Marx, Monkey Business, terms for a divorce settlement proposed while trying to woo Lucille Briggs (Thelma Todd)
“Wealth is not without its advantages and the case to the contrary, although it has often been made, has never proved widely persuasive.”
—John Kenneth Galbraith (b. 1908)