Economics 3364A/B Study Guide - Quiz Guide: Homicide Act 1957, Optometry, Crown Court
25 Oct 2020
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Common law offence - no statute case law. Liability was not from supply because there was a break in causation from self-injection. 5 months later victim became ill and died suddenly caused by longstanding condition resulting from build up of fluid in brain behind eye. If eye examination had been done competently this would have been obvious to any optometrist and treatable. She didn"t notice it because a confusion in the scan print-outs meant she was looking at somebody else"s eye. Charged and convicted at crown court but cofa quashed conviction because at no stage in breach was there an obvious risk of death to a reasonable person. At most, it would have been obvious to a reasonable optometrist that risks of this kind could cause death but at point of breach it was not apparent. Reckless manslaughter = d causes v"s death, reckless as to that result.
