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所有案例
Criminal Law
Court of Appeal
1983

R v Pagett

(1983) 76 Cr App R 279

判决理由

The reasonable act of a third party acting in self-defence or in the execution of duty does not break the chain of causation. The defendant who creates the dangerous situation remains the legal cause of the victim's death.

事实

Pagett held his pregnant girlfriend as a shield while firing at armed police officers. The police returned fire, killing the girl. Pagett was charged with her manslaughter.

判决摘要

The Court of Appeal upheld the conviction. The police officers' instinctive return of fire was a reasonable and foreseeable response to Pagett's actions. It did not break the chain of causation. Pagett's act of using her as a shield was both the factual and legal cause of her death.

关键引述

"The reasonable act of a third party, such as a police officer acting in self-defence, does not break the causal chain between the defendant's act and the victim's death."

Robert Goff LJ

后续处理

Good law

Standard authority on third-party acts and the chain of causation in criminal law.