R v Smith [1959]

1. Facts:

• The victim (V) was stabbed and subsequently dropped twice while being transported to the hospital.

• At the hospital, medical staff failed to notice V's pierced lung.

• V died from complications related to the injury and the delayed medical treatment.

2. Outcome:

• The defendant (D) was convicted of murder.

• The Court of Appeal (CoA) held that the chain of causation was not broken by the subsequent events, including the medical negligence.

• Jordan was distinguished, with the court stating that the intervening cause must be “overwhelming” to sever the causal link.

3. Impact and Analysis:

• Chain of Causation: This case reinforced the principle that an intervening cause needs to be extraordinarily significant to break the chain of causation. Medical treatment errors alone are insufficient unless they are exceptionally egregious.

• Comparison with Jordan: Unlike in Jordan, where the medical treatment was deemed to be palpably wrong, in Smith, the court found that while there was negligence, it did not meet the threshold required to sever the causal link.

• Legal Standard: The ruling established that for medical treatment to break the chain, it must be of a nature that is so overwhelming that it overshadows the original act. This decision illustrates a more stringent standard for breaking the chain of causation.

• Significance: The case highlights the court's approach to assessing the impact of subsequent events on criminal liability, emphasising that the causal link remains intact unless the intervening cause is significantly substantial.