R v Cheshire

JurisdictionEngland & Wales
Judgment Date22 April 1991
Date22 April 1991
CourtCourt of Appeal (Criminal Division)
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36 cases
  • R v McKechnie ; R v Gibbons ; R v Dixon
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 25 July 1991
  • R v Mellor
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 29 February 1996
    ...direction to the jury in these circumstances. The question was debated with counsel before leading counsels' final speeches and the case of Cheshire (1991) 93 Cr.App.R 151 was considered. 77 In homicide cases, where the victim of the alleged crime does not die immediately, supervening event......
  • William Johnston (junior)+charles Woolard V. Her Majesty's Advocate
    • United Kingdom
    • High Court of Justiciary
    • 21 April 2009
    ...in the most simple terms, in accordance with the legal principles which they have to apply." That passage was adopted in R v Cheshire [1991] 1 WLR 844, which, like the case of Pagett, was concerned with improper medical treatment following an assault. Beldam LJ, delivering the judgment of t......
  • R. v. Nette, [2001] 3 SCR 488
    • Canada
    • Supreme Court (Canada)
    • 15 November 2001
    ...279; R. v. Hallett, [1969] S.A.S.R. 141; Royall v. R. (1991), 100 A.L.R. 669; R. v. Smith (1959), 43 Cr. App. R. 121; R. v. Cheshire, [1991] 3 All E.R. 670; R. v. Hennigan, [1971] 3 All E.R. 133; Dulieu v. White, [1901] 2 K.B. 669; Athey v. Leonati, [1996] 3 S.C.R. By L’Heureux-Dubé J. Refe......
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7 books & journal articles
  • Kennedy and Unlawful Act Manslaughter: An Unorthodox Application of the Doctrine of Causation
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 72-5, October 2008
    • 1 October 2008
    ...actions thevictim would still have died.10 See Rv Mellor (Gavin Thomas) [1996] 2 Cr App R 245.11 See Beldam LJ in Rv Cheshire [1991] 3 All ER 670. This does not include a ‘slightor trif‌ling link’ as in Rv Kimsey [1996] Crim LR 35.12 Rv Cato [1976] 1 All ER 260, per Lord Widgery CJ.13 (1983......
  • Rape: Consent
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 72-1, February 2008
    • 1 February 2008
    ...no needHomicide: Causation21 for treatment, however negative, to be performed (see, for example, R vSmith [1959] 2 QB 35; R v Cheshire [1991] 1 WLR 844). The only way,therefore, that intervening third party acts would be seen to break thechain of causation would appear to have been where th......
  • Omissions Liability for Homicide Offences: Reconciling R v Kennedy with R v Evans
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 74-4, August 2010
    • 1 August 2010
    ...as a serious offence per se. 17 [1995] 1 AC 171.18 R vPace (2008) 187 A Crim R 205; cf. R v Dalloway (1847) 2 Cox CC 273.19 R vCheshire [1991] 1 WLR 844 at 851–2.Omissions Liability for Homicide gun and also goaded Y to use it knowing that Y was suicidal, then Xwould be directly connected t......
  • Gross Negligence Manslaughter: Is Prosecution of Doctors Always in the Public Interest and Is Specific Prosecutorial Guidance Needed?
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 84-4, August 2020
    • 1 August 2020
    ...that case had been taken to hospital fortreatment for gunshot wounds and suffered fatal treatment complications.131. R v Cheshire (1991) 93 Cr. App. R. 251, 257–8, per Beldam LJ. Beldam LJ also confirmed ‘It is not the function of the jury toevaluate competing causes or to choose which is d......
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