What is the ratio in R v Jordan?

The ratio is that palpably wrong medical treatment can break the chain of causation between a defendant's act and the victim's death, but only where the treatment is extraordinary and the original wound is no longer life-threatening.

Why is R v Jordan important for criminal law?

It establishes a narrow exception where medical treatment can break causation, which is crucial for understanding the limits of criminal liability when third parties intervene between a defendant's act and harm.

What is the ratio in R v Jordan?

The ratio is that palpably wrong medical treatment can break the chain of causation between a defendant's act and the victim's death, but only where the treatment is extraordinary and the original wound is no longer life-threatening.

Why is R v Jordan important for criminal law?

It establishes a narrow exception where medical treatment can break causation, which is crucial for understanding the limits of criminal liability when third parties intervene between a defendant's act and harm.

Criminal1 min read

R v Jordan

(1956) 40 Cr App R 152Court of Appeal1956

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“Palpably wrong medical treatment can break the chain of causation.”

Facts

Jordan stabbed the victim who was taken to hospital. The wound was healing well, but doctors gave him a drug to which he was known to be intolerant and administered excessive fluids. The victim died from the medical treatment rather than the stab wound.

Issues

Whether palpably wrong medical treatment could break the chain of causation between the original stabbing and the victim's death.

Held

The Court of Appeal allowed the appeal and quashed the conviction. The palpably wrong medical treatment broke the chain of causation as the original wound was no longer life-threatening.

Significance

This case established an important but narrow exception to the general rule that medical treatment does not break causation. It's crucial for understanding the limits of causation in homicide cases and when intervening acts may absolve a defendant.

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OSCOLA Citation

R v Jordan (1956) 40 Cr App R 152 (CA)

Criminal LawHomicideCausationMedical TreatmentIntervening Acts

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