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 Medical procedure Prevention of crime Participation in a sporting event Lawful excuse Insanity Diminished responsibility Intoxication Category:Criminal defences

Offences against the person	Homicide (Murder / Manslaughter / Corporate manslaughter / Infanticide) Manslaughter in English law Unlawful killing Mayhem Concealing birth Child destruction Wounding or causing grievous bodily harm Assault occasioning actual bodily harm Common assault Attempting to choke, &c. in order to commit any indictable offence Assault with intent to rob Robbery Assault with intent to rape Assault with intent to commit felony, or on peace officers Assault with intent to resist lawful apprehension Buggery Battery Kidnapping Child abduction 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 Unlawful assembly Fear or provocation of violence Intentional harassment, alarm or distress Harassment, alarm or distress Public Order Act 1986 Incitement to ethnic or racial hatred Challenging to a fight Nuisance Causing Public nuisance Outraging public decency Effecting a public mischief Keeping a Disorderly house Preventing the lawful burial of a body Breach of the Peace Treason High treason Common scold Nightwalker statute Rout Forcible entry Accessory (legal term) Misconduct in a public office Malfeasance in public office Abuse of authority Perjury of oath Dereliction of duty

Offences against property	Arson Dishonesty Cheating (law) Burglary Robbery Theft Larceny Criminal damage Squatting Trespass Taken Without Owner's Consent (TWOC) Deception Handling stolen goods Misappropriation of funds Blackmail Extortion Cybercrime Theft Act 1968 Theft Act 1978 Fraud Act 2006 Fraud by abuse of position Conspiracy to defraud Fare evasion Webcam blackmail

Forgery, personation and cheating	Forgery Cheating the public revenue Uttering

Offences against justice	Bribery Perjury Offences Akin to Perjury Perverting the course of justice Misrepresentation as to identity Embracery Witness intimidation Witness tampering Harming People who have Assisted the Police / Given Evidence / Been a Juror Misprison of treason Misprision of felony Compounding a felony Jury_tampering Assault with intent to resist lawful apprehension Assisting an offender Harboring a fugitive Encouraging or assisting a crime Escape from lawful custody Obstructing justice Obstruction of a police officer Wasting police time Refusing to assist a constable Sedition Espionage Contempt of the sovereign Contempt of court Fabrication of false evidence Breach of prison / breaking prison Rescuing a prisoner

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