면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Criminal Law
Court of Criminal Appeal
1956

R v Jordan

(1956) 40 Cr App R 152

판결 이유

In exceptional circumstances, grossly negligent medical treatment can break the chain of causation where the original wound has substantially healed and the treatment is 'palpably wrong'.

사실관계

Jordan stabbed a man. The wound was healing, but doctors administered a drug to which the victim was known to be allergic and gave excessive intravenous fluids. The victim died.

판결 요약

The murder conviction was quashed. The medical treatment was 'palpably wrong' — sufficient to break the chain of causation.

주요 인용문

"Death resulted from the introduction of terramycin after the deceased had shown he was intolerant of it. The treatment was palpably wrong."

Hallett J

후속 처리

Narrowly confined

Described as a 'very exceptional case' in R v Smith [1959] and R v Cheshire [1991].