Nevertheless, the defendant was convicted, with the trial Judge instructing the jury they could find the defendant’s chain of causation could only be broken if they were satisfied that the medical staff had been reckless in their treatment.[1]The Court of Appeal, having been referred to the earlier judgment of R v Jordan,[2] rejected the appellant’s argument that the trial Judge had misdirected the jury with regard to the medical staff’s acts. Beldam LJ stated that it was only necessary for the Crown to prove that the defendant’s actions caused the victim’s death, but not that they need be the only or even main cause of death.[3] As a general principle, the Court stated that:Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the defendant unless the negligent treatment was so independent of his acts, and in itself so potent in causing death, that they regard the contribution made by his acts as insignificant.[4]The judgment therefore consigns the verdict given in R v Jordan to exceptional cases where the operative cause of death is not the result of the defendant’s acts. The ordinary consideration for a jury must be whether the negligent treatment of a victim is so independent of the defendant’s acts that it renders them insignificant to the eventual death.[4].

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