R v Cheshire

R v Cheshire (1991) 93 Cr. App. Rep. 251 is an English criminal law case, dealing with causation and homicide. The court ruled that even if a medic's negligence is the immediate cause of the victim's death, it must be completely independent from the actions of the defendant for the chain of causation to be broken.

The victim had been shot, and was suffering from respiratory problems when he entered hospital. He was given a tracheotomy, but after two months this caused complications to his breathing, and he died.

The court decided that despite the medical negligence, the defendants responsibility should not be absolved, since the victim would not have been in medical care, were it not for his actions (the but for test).

ee also

R v Smith (Thomas Joseph) [1959]