Homicide criminal law Essay Example | Topics and Well Written Essays - 2000 words

Homicide criminal integrity - Essay Examplee criminally liable if his conduct was the occurrenceual wooing of Toms death and the consequence of death would non have happened but for Sanjays conduct.If we apply the but for adjudicate to the current situation, arguably Tom would not have been in hospital with severe internal injuries if had not been for Sanjays actions, therefore under the but for test, it is more than likely that Sanjays conduct entrust have satisfied the requirement of factual cause of death. However, it is also evident from the facts that Tom subsequently died of a blood transfusion at the hospital as a result of receiving the wrong blood type, which the doctors failed to notice. As a result, Tom died and this begs the question as to whether Sanjay was in fact the legal cause of death or whether the failure to give Tom the correct blood type in the transfusion was in fact the cause of death.Under the legal causation test, it is not necessary for Sanjays condu ct to be the resole cause of death however it must be the substantial cause and have made a significant contribution to Toms death3. Ultimately, this is determined according to the facts of each shift, however case virtue has established that the original wound must still be operating and a substantial cause at the time of death4. With regard to the current scenario, the doctors failed to administer the correct blood type in the transfusion and therefore one could argue that it was their failure was the substantial cause of Toms death.However, UK courts have been indisposed(p) to break the chain of causation in cases where medical negligence is involved. A prime example is the case of Smith,5 where the victim was stabbed by Smith but died due to medical negligence. Despite there being a 75% chance of recovery but for these events occurring, the courts still held that the chain of causation was not broken.Although a dissimilar approach was used in the case of Jordan6 where negli gent medical treatment was