that he had left the gun unloaded when he had finished cleaning it earlier that evening.

Vincent’s 80-year old mother, Monica, and wife, Wilma, then arrived in the kitchen, as they too had been woken by the noise. When Monica saw what was happening, she collapsed on the floor. Vincent turned around to attend to his mother and Derek used this opportunity to push him away. Vincent lost his balance, fell, and hit his head against the cooker which rendered him unconscious, with dangerous internal bleeding. Seeing what had happened to her husband, Wilma also collapsed. Meanwhile, hearing the noise, a neighbour had called emergency services. Derek was arrested at the scene. Derek, Monica and Wilma were put in ambulances.

Monica died on the way to hospital and medical evidence confirms that she died as a result of a heart attack caused by the shock. Wilma was found to have already died

the moment she collapsed at the house, as a result of an unrelated and undiagnosed heart condition.

Vincent was taken to the hospital emergency department and left on a trolley, in the care of Dr Watson. Dr Watson had been coming to the end of a long and tiring nightshift, having already worked multiple night shifts over the previous few days. In what he later claimed was a ‘moment of madness’, Dr Watson administered some incorrect medication and was then called away to deal with another urgent patient. Dr Watson then forgot all about Vincent. By the time another member of staff discovered him, it was too late. Vincent died from the untreated internal bleeding.

Discuss Derek and Dr Watson’s liability for manslaughter

Base offence - Push

Battery - infliction of unlawful force (Collins v Wilcock)

MR - intention or subjective recklessness (Venna)

DPP v K - indirect still causal link

AR + MR - Lamb

Causation - factual - R v White - but for

Legal - More than minimal (Pagett) - Smith - operating and substantial cause of the death

Break in chain - medical intervention - Prosecution - still related because died from internal bleeding - wasn't extraordinary or unusual negligence (Cheshire) so won't break the chain. Defence - gave him wrong drug (Jordan - 'palpably wrong')

Dangerousness - P - sober and reasonable person would expect some harm foreseeable. He didn't know the gun wasn't loaded (Dawson)

Pointed a gun - at Vincent. Reckless - pointing a gun in a family home - risk other people will be present who will apprehend being shot.

Transferred malice (Latimer)

Deliberate

Causation - Factual