On this page you will find analysis on a range of Criminal Law cases. If you are looking for a case that has not been added, please get in touch and the case will be added to the website as soon as possible.
R v Cheshire [1991] 1 WLR 844
During an argument in a fish and chip shop the appellant shot the deceased in the leg and stomach seriously wounding him, he was operated on and placed in intensive care. During his time in hospital he suffered respiratory problems, chest infection and other complications. The man died after two months in hospital. At trial, a consultant surgeon asserted that the leg and stomach wound no longer threatened his life at the time of his death. He also said that the death was the consequence of negligent failure to diagnose a respiratory condition.
The trial judge (Beldam LJ) directed the jury that the appellant was responsible for the deceased's death even if medical staff were negligent and incompetent, only if they were not reckless could he be convicted. If they were reckless he could be acquitted. The appellant was convicted, he appealed. The jury had to decide the dominant cause of death. They had to decide whether the actions of the accused significant contributed to the victim's death. No miscarriage of justice had occurred since even if more experienced doctors had recognised the rare complication in time to have prevented his death, that complication was a direct consequence of the appellant's actions. The appeal was dismissed.
