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Criminal law

Any help would be appreciated. A bit confused. Bill leaves open a gate and David falls. Bill does not summon help. He calls his friend a nurse who gives David drugs and he dies. Is the chain broken? Thanks

Reply 1

RV3112

Consider if the nurse's actions constitute a novus actus interveniens. Here, you need to consider the relevant case law, such as R. v. Jordan (was the treatment "palpably" wrong?); R. v. Smith (does the second cause make the original injury merely part of history); R. v. Cheshire (negligence must render the original injury insignificant).

Reply 2

Josie6

Would I be right in saying the chain of causation is broken and the nurse is criminally liable however bill omitted to act so he is factual cause?

Reply 3

RV3112

Original post by Josie6

Would I be right in saying the chain of causation is broken and the nurse is criminally liable however bill omitted to act so he is factual cause?

I can't tell from the scenario you posted. Were these the only details that were given to you in the problem question?

If so, there is insufficient information for you to actually reach a conclusion. You would need to know what the actual cause of death was. What drugs were administered? Why did the nurse administer the drugs in the first place? If you don't have enough facts to reach a concrete conclusion, you just tease out the various possibilities.