R v Cheshire [1991]

1. Facts:

• Defendant (D) shot the victim (V), who was recovering in hospital.

• V subsequently died from complications related to a tracheotomy, which was negligently performed by medical staff.

• D was convicted of murder.

2. Outcome:

• The Court of Appeal (CoA) upheld D's conviction, ruling that the negligence of the medical staff did not break the chain of causation.

• The court determined that for an intervening act to break the chain, it must be both “independent” and “potent” enough to sever the connection between the defendant’s actions and the resulting harm.

3. Impact and Analysis:

• Chain of Causation: The case reinforced that medical negligence does not automatically sever the chain of causation unless it is exceptionally independent and potent. In this case, the negligent medical treatment was not deemed to break the chain of causation from the shooting.

• Legal Threshold: The CoA's decision established a high threshold for what constitutes a break in the chain of causation. Only substantial and extraordinary negligence could potentially sever the connection between the defendant’s actions and the victim's death.