HOMICIDE CASES

R v Smith

Barrack room, V injured and dropped; given wrong medical treatment. A defendant remains liable if their act is still an operating and substantial cause of death, even where another cause (such as negligent medical treatment) also contributes.

R v Kirikiri

Shot V in hip and beat face; breathing tube dislodged in surgery. A defendant causes death if their conduct remains an operating and substantial cause of death, even where medical treatment contributes, unless the treatment is so overwhelming it renders the original injury merely part of the history.

R v McKinnon

D hit V on head with fence paling - V drowned in blood. A defendant is causally responsible for death if their act remains an operating and substantial cause of death at the time of death, even if another immediate cause (such as asphyxiation) contributes.

R v Lewis

2 attackers separately injured V. A defendant is liable for homicide where their conduct alone would have caused death, or where their conduct combined with another’s conduct to cause death, even if neither act alone was independently fatal.

R v Blaue

V’s lung was stabbed and refused a blood transfusion. A defendant remains liable for homicide where their act is an operating and substantial cause of death, and the victim’s refusal of medical treatment (even on religious grounds) does not break the chain of causation.

R v Renata

Group of men robbed a man of his jacket. He received some blows that would not usually kill. A defendant is liable for homicide where their unlawful assault causes or accelerates death, even if the victim’s pre-existing condition means death occurs in an unexpected way.

R v Hallett

Found dead on beach, tide drowned V.

A natural event only breaks causation if extraordinary. Ordinary, foreseeable environmental forces do not interrupt chain.

R v Pagett

V used as human shield against police shooting. Third-party self-defence/official response does NOT break causation if triggered by D → must be independent, voluntary act to break chain.

R v Kennedy

V asked Kennedy for heroin. K supplied it and V self-administered. Free, voluntary and informed self-injection by V breaks causation; supplier not liable for death.

R v Tema

V requested drug from D; he provided and assisted. No break in chain where D actively assists V’s drug consumption; Kennedy only applies to truly independent self-administration.

R v Leaitua

Gave MiL cocaine to smuggle; a packet ruptured and she died. Voluntary and informed self-swallowing breaks chain of causation; supplier not liable unless they control the ingestion process.

R v Tomars

D pursued V aggressively on road causing V to drive dangerously. V’s fear-driven response will not break causation if it is a natural and reasonably foreseeable consequence of D’s conduct.

R v Kuka

Child died after prolonged abuse and neglect. Omissions can cause death where there is a legal duty and, but for the omission, the victim would or probably would not have died.