Shortly before 2 a. m., the appellant brought Gail out on to the balcony at the rear of his flat. Facts. The appellant said that there was no way he would come out alive, he would shoot the girl and himself. The police told him that Mr. Wood was not badly hurt; he refused to come out, saying that he would get 17 years. Intervening Acts. There was only one light on in the common staircase, at the rear of the ground floor. Section 293 defines killing as ‘causing the death of another, directly or indirectly, by any means whatever’. The appellant still carried his shotgun, which he had reloaded. The defendant was charged with murder because he placed cyanide into his mother's drink but evidence showed that her death was due to heart failure and not the cyanide. The appellant drove off in the mini, with Mrs. Wood in the passenger seat and Gail sitting on her lap. The three specific points raised on behalf of the appellant were as follows (we quote from the grounds of appeal): The argument addressed to this court by Lord Gifford on behalf of the appellant was concentrated primarily on the first and second grounds of appeal, and was as presented concerned with the issue of causation. But for Pagett firing would she have died. They have also lived in New York, NY and Wyckoff, NJ. contains alphabet), England and Wales Court of Appeal (Criminal Division). Now one form of self-preservation is self-defence; for present purposes, we can see no distinction in principle between an attempt to escape the consequences of the accused's act, and a response which takes the form of self-defence. On each count he was sentenced to a term of 12 years' imprisonment concurrent. Before the judge, the cases relied on by the prosecution in support of this proposition were the two Pennsylvanian cases already referred to, Commonwealth v. Moyer and Commonwealth v. Almeida. Year. "A reasonable ct performed for the purpose of self-preservation, being of course itself an act caused by the accused's own act, does not operate as a novus actus interveniens." He directed the jury as follows. D left his wife for a 16 year old girl. We find it convenient to deal first with the second ground of appeal. On this, he directed the jury as follows: Having directed the jury on causation in those terms, he then turned to the question whether the police officers fired at the appellant because they had been fired at by him, and if so, whether they acted reasonably; and in doing so, he explained to the jury both the law relating to self-defence and, in relation to the question whether the police acted reasonably in the performance of their duties as police officers, the legal principle that a person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of an offender or a suspected offender. Gail screamed: "Get back or he will kill me. " I understand that there is a date when the court could be reconstituted. R v Pagett (1983) 76 Cr App R 279. Thirteen unused cartridges were later found in the appellant's pocket. In that case, which was concerned with an attempt to obtain property by deception, the trial judge directed the jury that certain conduct of the accused, if proved, would in law constitute the actus reus of an attempt. The appellant told them to get downstairs. Appellant. The appellant then fired the gun at Mr. Wood as he fled over the garden fence a few feet away. Mr. Wood answered the door, and found the appellant standing there with a shotgun held in both hands at an angle of about 45 . To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Mrs. Wood turned and saw him aiming his gun at her husband. The appellant shot at a police officer who was trying to arrest him, and subsequently attempted to use a pregnant teenage girl standing nearby as a human shield … (2d. ) The officer with the loud hailer again told the appellant to surrender his gun and come out. Edit. Indeed, in stating the matters which the jury had to be sure about on causation, in order to convict the appellant, the judge was in our view generous to the appellant, in that he directed the jury that it was necessary that they should find both that he fired at the police officers and thereby caused them to fire back, and that he used Gail Kinchen as a shield by force and against her will. R v Pagett (1983) 76 Cr App R 279 D armed with a shotgun and cartridges, shot at police who were attempting to arrest him. My Lords, perhaps the question of costs should be dealt with at that stage rather than today. But, for present purposes, the passage which is of most immediate relevance is to be found in Chapter XII, in which the learned authors consider the circumstances in which the intervention of a third person, not acting in concert with the accused, may have the effect of relieving the accused of criminal responsibility. They found the appellant sitting on the floor at the corner of the landing, with Gail sitting on top of him. It was held by a majority of the House of Lords that the judge must leave it to the jury to decide on the evidence whether or not the accused had committed the alleged attempt, and the judge may not even direct the jury that, if certain acts are proved to their satisfaction, they must amount in law to an attempt. Select this result to view Ernest J Pagett's phone number, address, and more. Where, for example, a police officer in the execution of his duty acts to prevent a crime, or to apprehend a person suspected of a crime, the case is surely a fortiori. BRISBANE . We can deal with this point quite shortly. It was submitted by Lord Gifford that any such conclusion would be contrary to the principles stated by the House of Lords in D. P. P. v. Stonehouse (1978) A. C. 55. Case Information. Meanwhile D. S. Sartain and D. C. Richards had taken up position on the landing on the first floor, outside the adjacent doors of Nos. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. Very fortunately, the two police officers were unharmed by the shots fired by the appellant, which struck the banister and were deflected up towards the ceiling. the act performed for the purpose of self-preservation consisted of an act by the victim in attempting to escape from the violence of the accused, which in fact resulted in the victim's death. There follows a reference to R. v. Jordan (1956) 40 Cr. MR. ALLEN: May I say that I had made a preliminary attempt at that, but one would obviously want to reconsider that in the light of what your Lordship has said. In both these cases. He shouted for the police to go or he would shoot; he said that if they did not leave he would kill her. In these circumstances, even if the fatal shot was fired by one of the police officers, "The felonious acts of the robbers in firing shots at the policemen, well knowing that their fire would be returned, as it should have been, was (sic) the proximate cause of Officer Ingling's death". The appellant and Gail got out on the driver's side. R v Rafferty - voluntary intervention of third party breaks causation. Examination of the reasoning of the majority of the court in Redline shows, however, that the decision provides no useful guidance to an English court today. We considered that it would be appropriate to apply for a certificate. There was no light inside the flat. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. CRABBE, John Frederick Applicant . * Enter a valid Journal (must Problems of causation have troubled philosophers and lawyers throughout the ages; and it would be rash in the extreme for us to trespass beyond the boundaries of our immediate problem. It would be quite wrong for us to consider in this judgment the wider issues discussed in that work. He is, I am afraid, absent elsewhere. The second best result is Kenneth Gerald Pagett age 50s in Powell, OH. The appellant lined them up, waving his shotgun at them. However, she finished the relationship within 6 months of the pregnancy. The two officers were provided with bullet-proof jackets. The appellant, who was aged 31 and was separated from his wife, formed a relationship with a young girl called Gail Kinchen. For that man merely to be convicted of an assault would, if the person he used as a shield were to be shot and killed, surely be inadequate in the circumstances; we can see no reason why he should not be convicted at least of manslaughter. The girl became pregnant after a short period of time. The shape of a woman (it must have been Gail) was in the doorway. Even so, we agree with the learned judge that the proposition is sound in law, because as a matter of principle such an act cannot be regarded as a voluntary act independent of the wrongful act of the accused. She was later found to have cracked or fractured ribs in her lower right chest. We are therefore unable to accept it. Her Majesty the Queen. Such intervention, if it has such an effect, has often been described by lawyers as a novus actus interveniens. Of course, it is inherent in the requirement that the police officer, or other person, must be acting in the execution of his duty that his act should be reasonable in all the circumstances: see section 3 of the Criminal Law Act, 1967. 3rd party must be free, deliberate and informed. Whilst very angry he drove to the girls house, armed with a gun. The question of law relates to the direction given by the learned judge to the jury in respect of the count of murder, and the alternative count of manslaughter, of Gail Kinchen. CITATION CODES. The decision was subsequently followed in Commonwealth v. Thomas 382 Pa. 639. This case document summarizes the facts and decision in R v Pagett (1983) 76 Cr App R 279, Court of Appeal. R v Michael (1840), 173 ER 867. Likewise, in cases where there is an issue whether the act of the victim or of a third party constituted a novus actus interveniens, breaking the causal connection between the act of the accused and the death of the victim, it would be appropriate for the judge to direct the jury, of course in the most simple terms, in accordance with the legal principles which they have to apply. Before the act can be murder it must be "aimed at someone" and must in addition "be an act committed with one of the following intentions, the test of which is always subjective to the actual defendant: In manslaughter, however, it is sufficient in a case such as the present that the accused intentionally did an act which is both unlawful and, objectively considered, dangerous, and which in fact caused the victim's death. R . Australian Catholic University. It is difficult to imagine a more lucid and careful summing-up on these topics, in a form designed to be as fair as possible to the appellant and at the same time as helpful as possible to the jury. CAUSATION – NOVUS ACTUS INTERVENIENS – SELF DEFENCE. The answer is the stab wound. when he said: "It is for me to decide as a question of law whether by his unlawful and deliberate acts the defendant caused or was a cause of Gail's death, but the answer to that question of law depends upon the findings of fact which you alone can decide.... " Strictly speaking, it was for him to direct the jury on the applicable principles of law, leaving it for the jury to decide as a question of fact, on those applicable principles, whether the necessary causal link had been established. Please sign in or register to post comments. Whether he is guilty of murder or manslaughter will depend upon the question whether all the ingredients of the relevant offence have been proved; in particular, on a charge of murder, it will be necessary that the accused had the necessary intent, on the principles stated by the House of Lords in Hyam v. D. P. P. (1975) A C 55. The officers took cover in a nearby garden. The appellant had his left arm round her neck. It would then fall to the jury to decide the relevant factual issues which, identified with reference to those legal principles, will lead to the conclusion whether or not the prosecution have established the guilt of the accused of the crime of which he is charged. CA (Crim Div) (Robert Goff LJ, Cantley J, Farquharson J) 03/02/1983. Mr. Wood slammed the door and ran through the house, out into the garden. COUNSEL: The applicant appeared on his own behalf M B Lehane for the respondent. However, he had the intention to kill his mother. 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