LAWS 2302 Lecture Notes - Lecture 3: Indictable Offence, Deontological Ethics, Morphine
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The victim was taken to hospital where he was given anti-biotics after showing an allergic reaction to them. He was also given excessive amounts of intravenous liquids. He died of pneumonia 8 days after admission to hospital. At the time of death his wounds were starting to heal. Held: the victim died of the medical treatment and not the stab wound. The defendant was not liable for his death. Regina v jordan: focusing on the actus reas (the question of law that needs to be answered and the judge determines whether the act causes the crime). Court came to the decision that jordan did not cause the death of belmont. Causation chain: stabbing (actus reas) ----------/bad medication------/pneumonia (iv drip into lungs)----- death. *read case: r. v. smith: there was a fight in an army and three different people got stabbed and the commanding officer asked who did it but one person said they killed him but smith convicted of murder.