Moot Problem: Law Of Causation. Help!!!!!!

Hi, I have a moot and am struggling to find anything to say for my grounds for appeal: that the Judge misdirected the jury on the issue of causation.

Here are the facts of the case:

- Alice and Dennis are married
- Dennis works nights and frequently comes home sullen and aggressive
- To make matters worse, Alice has to keep her twin children quiet during the day whilst he sleeps

- One morning, Dennis comes home and says to Alice; "Get my breakfast, slut, while I have a sleep"
- While she cooks, Alice hears one of the twins wake up and Dennis shout; "Go back to sleep or I'll break your neck"

- Alice searched the kitchen for a knife and goes into the living room and stabs Dennis 5 times
- Dennis is rushed to hospital where he went straight into the operating theatre in an attempt to save his life
- Unfortunately the surgeon, who had been on duty the night before, picked up the wrong set of notes and accordingly began to remove Dennis' appendix
- By the time he realized his mistake Dennis had lost so much blood that he died without ever having regained consciousness

- The trial judge directed the jury that they could convict for murder if they were satisfied that the stabbing was the major cause of death.

I realise that my ground for appeal is probably a lost cause (from all the case research I have read anyway) but if anyone can give me any help, advice etc. on possible angles of attack, then I would be very appreciative.

Reply 1

smj44

Causation is established. The judge gave no direction as to the mens rea element. The jury were not directed to consider provocation, diminished responsible or even intent.

Reply 2

Danny5876

I'm confused about your problem because the judge followed White, Smith and Cheshire by saying that the jury could convict for murder if they were satisfied that the stabbing was the major cause of death, thus surely this is correct regarding causation?

The judge like mentioned before hasn't directed along the lines of mens rea or even considered voluntary manslaughter (Homocide Act 1957)