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

Push - unlawful act. Battery - unlawful application of force (Collins v Wilcock)

Intended the push - satisfied.

Deliberate push

Causation - Factual - But for (White) Legal - operating and substantial cause (Smith)

Break in the chain - Defence will argue 'Palpably wrong' treatment will break the chain. Prosecution - Cheshire - the medical negligence was not 'extraordinary and usual' to break the chain. Died from internal bleeding not from the incorrect injection.

Dangerousness - Church - definition. Prosecution will argue pushing someone in a kitchen would reasonably foresee would result in physical harm of some sort.

MR - no intention but was reckless as to causing Monica to apprehend the application of force. Entered into a family home, pointing a gun at one person, risk other members in the household will apprehend that they will be shot.

Vincent didn't apprehend harm as he knew the gun was loaded. Alternatively - transferred malice from Vincent to Monica (Latimer)

Causation - White - But for test - she died from shock. Legal causation - operating and substantial cause of her death. Break in chain? No - egg shell elderly woman (Blaue)

Dangerousness - Risk of physical harm was foreseeable as along as he could see she was elderly (Watson)