R v Smith (Thomas Joseph)

R. v. Smith (Thomas Joseph) [1959] 2 QB 35, [1959] A.C. is an English criminal law case, dealing with causation and homicide. The court ruled that negligence of medical staff does not break the chain of causation in murder cases.

The victim was stabbed, but the attending doctor did not realise the full extent of his injuries, causing death.

The court said that the stabbing was still the 'operating' cause of death, and therefore the defendant is guilty.

References

English criminal law

Classes of crimes	Common law Indictable Either way Summary Regulatory Lesser included

Elements of crimes	Actus reus Causation Mens rea Intention (criminal law) Intention in English law Recklessness Criminal negligence Corporate / Vicarious / Strict liability Omissions Concurrence Ignorantia juris non excusat

Inchoate offences	Encouraging or assisting crime Conspiracy Accessory Attempt Common purpose

Defences	Self-defence Duress Necessity Marital coercion Consent Insanity Diminished responsibility Intoxication Category:Criminal defences

Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Battery Kidnapping False imprisonment Harassment Offences against the Person Act 1861

Sexual offences	Rape Sexual assault Sexual Offences Act 2003

Public order offences	Riot Violent disorder Affray Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Nuisance Public nuisance

Offences against property	Dishonesty Burglary Robbery Theft Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Blackmail Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Criminal damage Conspiracy to defraud Webcam blackmail

Forgery, personation and cheating	Forgery Cheating the public revenue

Offences against justice	Bribery Perjury Perverting the course of justice

Other common law areas	Contract Tort Property Wills Trusts and estates Evidence Criminal procedure

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R v Smith (Thomas Joseph)

See also

References