MR. ALLEN: May I simply make the application and invite your Lordships to adjourn. In R v Pagett (1983) 76 Cr App R 279 it was held that the accused person’s act need not be the sole cause of the victim’s death, so long as it contributed significantly. The police cars were moved. A figure loomed round the corner on the upper flight of the stairs and started coming up towards the police officers. It would be quite wrong for us to consider in this judgment the wider issues discussed in that work. D held a 16-year-old girl who was pregnant by him as a shield. John Charles Pagett abt 1892 Binda, New South Wales, Australia - 22 Aug 1948 last edited 22 Feb 2019. The appellant drove off in the mini, with Mrs. Wood in the passenger seat and Gail sitting on her lap. Court of Common Pleas. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. The best result we found for your search is Ernest J Pagett age 70s in Naples, FL in the Stonebridge neighborhood. 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. Courts-martial – foreigner killed abroad by British soldier – Extraterritorial jurisdiction. But in any event there is, so far as we can discern, no basis of legal principle in Lord Gifford's submission. 2016/2017. They arrived at the flat where Gail was, 15 Masefield Square. 4, which was on the first floor. The peephole in the front door of No. On the contrary, generally speaking causation is a question of fact for the jury. E. 152. It is right to observe in passing, however, that even this simple direction is a direction of law relating to causation, on the basis of which the jury are bound to act in concluding whether the prosecution has established, as a matter of fact, that the accused's act did in this sense cause the victim's death. The officers took cover in a nearby garden. THE CHIEF JUSTICE: The applicant seeks an extension of time within which to seek leave to appeal a District Court judge’s decision for dismissing his appeal against a conviction for exceeding the speed limit. Take a look at some weird laws from around the world! Respondent. The evidence before the jury (which must have been substantially accepted by them) reveals a terrible story, with a tragic conclusion. They could see practically nothing. Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. 3rd party must be free, deliberate and informed. However, the grounds of appeal raise a question of law alone and for that reason the appeal has been referred directly to the full court. As D. C. Richards was reloading his gun, D. S. Sartain ran down the stairs. I have spoken to Lord Gifford, and obviously we had some inkling as to which way your Lordships' judgment was going. By then, police officers trained in the use of weapons and in the handling of "hostage situations" had arrived on the scene. The officers got out of their car. It was on this case in particular, and on the earlier cases cited in it, that Lord Gifford founded his argument in the present case. Edit. We therefore reject the second ground of appeal. Then it opened again. Click here to remove this judgment from your profile. The decision was subsequently followed in Commonwealth v. Thomas 382 Pa. 639. Unlisted Pagett. R v Parker 1 WLR 600 Summary: Parker has the misfortune of living in the 1970s Slammed phone booth phone down and was found to be guilty of recklessness due to Criminal Damage (CD). The appellant said to Gail: "Talk to them, they don't think I mean it. " The mere coincidence of homicide and felony is not enough to satisfy the requirement of the felony-murder doctrine.... "The legal situation which for years obtained in this State in cases of felony-murder was aptly epitomized by Mr. Justice Parker in Commonwealth v. Guida 341 Pa. 505, 308, 19 A. One such case is where, although an act of the accused constitutes a causa sine qua non of (or necessary condition for) the death of the victim, nevertheless the intervention of a third person may be regarded as the sole cause of the victim's death, thereby relieving the accused of criminal responsibility. The officer returned fire, killing the girl. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. R v Michael (1840), 173 ER 867. Please log in or sign up for a free trial to access this feature. Ernest is related to Maureen P Pagett. The two officers were provided with bullet-proof jackets. So, on the facts of the present case, it would be enough that the appellant was convicted of the crime of attempted murder of the two police officers, D. S. Sartain and D. C. Richards. They have also lived in Macomb, MI and Novi, MI plus 5 other locations. If authority is needed for this almost self-evident proposition, it is to be found in such cases as R. v. Pitts (1842) C. & M. 284, and R. v. Curley (1909) 2 Cr. Case Summary A police officer, using a loud hailer, told the appellant to surrender his gun and come out. Gail signalled to it; the appellant threatened to kill both Gail and Mrs. Wood. A shotgun barrel was poked out of the doorway. Furthermore, once again we are only considering the issue of causation. It is right to observe that this direction of the learned judge followed upon a discussion with counsel, in the absence of the jury; though the appellant, having dismissed his own counsel, was for this purpose without legal representation. In point of fact, it is not difficult to imagine circumstances in which it would manifestly be inadequate for the accused merely to be convicted of a lesser offence; for example, a man besieged by armed terrorists in a house might attempt to make his escape by forcing some other person to act as a shield, knowing full well that that person would in all probability be shot, and possibly killed, in consequence. We see no force in this submission. There were thuds, as if she had fallen downstairs. Whether fugitive using a girl as a shield was guilty of murder or manslaughter when she was killed by a police bullet. LORD JUSTICE ROBERT GOFF: I hope that is convenient, gentlemen, as a date, but that appears to be the only date possible for any such application. The gun was in his right hand, pointing at the police officers. A number of police cars were by then parked opposite the flat, about 250 yards away, with their headlights on. He was acquitted of the murder of Gail, but convicted of her manslaughter. R v White (1910) demonstrates an example of causation. The appellant moved towards the officers pushing Gail in front of him. Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Thus in, for example, R. v. Towers (1874) 12 Cox C. C. 530, the accused struck a woman; she screamed loudly, and a child whom she was then nursing turned black in the face, and from that day until it died suffered from convulsions. They were hit but not badly damaged; some police officers were hit by pellets but not injured. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. We are therefore unable to accept it. We can deal with this point quite shortly. Gail screamed: "Get back or he will kill me. " Such intervention, if it has such an effect, has often been described by lawyers as a novus actus interveniens. R v Michael. Lord Gifford urged upon us that, in a case where the accused did not, for example, fire the shot which was the immediate cause of the victim's death, he will inevitably have committed some lesser crime, and that it would be sufficient that he should be convicted of that lesser crime. He hit Gail; as Mrs. Wood tried to grab the gun, he hit her with it in the ribs, knocking her to the floor. But if, as the jury must have found to have occurred in the present case, the appellant used Gail Kinchen by force and against her will as a shield to protect him from any shots fired by the police, the effect is that he committed not one but two unlawful acts, both of which were dangerous the act of firing at the police, and the act of holding Gail Kinchen as a shield in front of him when the police might well fire shots in his direction in self-defence. LORD T. GIFFORD Q. C. and MR. R. ALLEN appeared on behalf of the Appellant. Company Registration No: 4964706. But there are many-acts which are sine qua non of a homicide and yet are not either in law, or in ordinary parlance, the cause of it. If I invite P to dinner and he is run over and killed on the way, my invitation may be a sine qua non of his death, but no one would say I killed him and I have not caused his death in law. Gail screamed: "he is going to kill me. " In our view, with all respect, both the passage in Smith and Hogan's Criminal Law, and Lord Gifford's criticism of it, are over-simplifications of a complex matter. Facts. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Get 2 points on providing a valid reason for the above Among the examples which the authors give of non-voluntary conduct, which is not effective to relieve the accused of responsibility, are two which are germane to the present case, viz. Thirteen unused cartridges were later found in the appellant's pocket. v . Even so, it was pressed upon us by Lord Gifford that there either was, or should be, a comparable rule of English law, whereby, as a matter of policy, no man should be convicted of homicide (or, we imagine, any crime of violence to another person) unless he himself, or another person acting in concert with him, fired the shot (or, we imagine, struck the blow) which was the immediate cause of the victim's death (or injury). 3 and 4. They could hear the appellant threatening to kill them. CAUSATION – NOVUS ACTUS INTERVENIENS – SELF DEFENCE. Get 1 point on providing a valid sentiment to this Similarly, it was held by this court in the case of R. v. Blaue (1975) 6l Cr. Her… The second best result is Kenneth Gerald Pagett age 50s in Powell, OH. For this purpose the purpose of the charge of manslaughter the unlawful act must be such as all sober and reasonable people would inevitably recognise must subject the other person to the risk of some harm resulting from it, albeit not serious harm. Even where it is necessary to direct the jury's minds to the question of causation, it is usually enough to direct them simply that in law the accused's act need not be the sole cause, or even the main cause, of the victim's death, it being enough that his act contributed significantly to that result. D. S. Sartain shouted that they were armed. CRABBE, John Frederick Applicant . On each count he was sentenced to a term of 12 years' imprisonment concurrent. The shape of a woman (it must have been Gail) was in the doorway. Appellant. Select this result to view Ernest J Pagett's phone number, address, and more. The … Registered Data Controller No: Z1821391. Section 291 makes it unlawful to kill any person, unless the killing is authorised or justified by law. The question for decision is what caused her death. I have spoken to your learned Registrar who informs me that this court cannot receive that application without Mr. Justice Farquharson. COUNSEL: The applicant appeared on his own behalf M B Lehane for the respondent. The appellant shouted back and took the girl back into the flat. The criticism of the summing-up, advanced in this court by Lord Gifford (to whose argument we are much indebted), was directed primarily to the direction to the jury on causation, which was of course equally applicable to the count of murder and the alternative count of manslaughter. It does not lie in the mouth of the assailant to say that his victim's religious belief which inhibited her from accepting certain kinds of treatment was unreasonable. Of course, a necessary ingredient of the crimes of murder and manslaughter is that the accused has by his act caused the victim's death. She knocked the gun into the air; as she did so, she heard a bang. D. C. Richards was on his right. D. C. Richards followed. R v Pagett (1983) 76 Cr App R 279 Pagett shot shotgun police officers; officers returned fire and killed the victim (body shield Pagett was using). The appellant shouted out words to the effect that they were testing him and he was going to show them. The appellant then fired the gun at Mr. Wood as he fled over the garden fence a few feet away. Sometimes Laurie goes by various nicknames including Laurie B Pagett. In cases of homicide, it is rarely necessary to give the jury any direction on causation as such. There follows a reference to R. v. Jordan (1956) 40 Cr. In R v Steele (1976) 65 Cr App R 22 the husband was convicted after had given an undertaking to the court not to molest his wife; and in R v Roberts  Crim LR 188 a formal separation agreement was in place. Martha Adelade (Pagett) Garton 1658 Richmond, Henrico, Virginia - 1747 managed by Bob Carson last edited 9 Jan 2019. There was only one light on in the common staircase, at the rear of the ground floor. LORD JUSTICE ROBERT GOFF: Secondly, the date we have provisionally in mind is Friday fortnight. Intervening Acts. 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 to defend himself against retaliation by the officer. Passages from this book were cited to the learned judge, and were plainly relied upon by him; we, too, wish to express our indebtedness to it. She was later found to have cracked or fractured ribs in her lower right chest. One of the officers called out to the appellant that he was surrounded by armed police, and should come out. Important Paras. It was held by the Supreme Court of Pennsylvania, following dicta in the earlier case of Commonwealth v. Moyer 357 Pa. l8l (1947), that it was immaterial whether the shot which killed the police officer was fired by one of the robbers or by a police officer, the circumstances being such that the police officers were acting both in justifiable self-defence and in the performance of their duty. The two officers retreated to the top landing. At the risk of scholarly criticism, we shall for the purposes of this judgment continue to use the latin term. 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. MR. ALLEN: I will take that date from the court back to my clerk. He hit her again in the hall. Do you have a 2:1 degree or higher? D's act cannot be held to be the cause of an event if the event would have occurred without it. Pagett was convicted of manslaughter. 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. For these reasons, we are unable to accept Lord Gifford's argument based on the first ground of appeal. Both of these acts had in fact contributed significantly to the victim’s death. 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. On the evidence, Gail Kinchen was not just an innocent bystander killed by a shot fired from the gun of a police officer who, acting in reasonable self-defence, fired his gun in response to a lethal attack by the appellant: though on those facts alone it would, in our opinion, have been open to the jury to convict the appellant of murder or manslaughter. You've shot me. " So far as we are aware, there is no such rule in English law; and, in the absence of any doctrine of constructive malice, we can see no basis in principle for any such rule in English law. Citation. Either act could in our judgment, if on the principles we have stated it was held to cause the death of Gail Kinchen, constitute the actus reus of the manslaughter or, if the necessary-intent were established, murder of Gail Kinchen by the appellant, even though the shot which killed her was fired not by the appellant but by a police officer. No Acts. LORD JUSTICE ROBERT GOFF: By all means if you wish it. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. D. C. Richards, using a loud hailer, called on the appellant to surrender. 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. Baron Alderson and Littledale J. A police car came up; in it were two police officers who were on the lookout for the mini which was believed to contain an armed man wanted after a shooting incident. 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. Free resources to assist you with your legal studies! They found the appellant sitting on the floor at the corner of the landing, with Gail sitting on top of him. The issue before the Court of Appeal was whether the officer’s action in shooting at the defendant constituted a novus actus interveniens such as to break the chain of causation between the defendant’s actions and the death of the victim. It must follow that the mens rea for each crime is different; and further that, on the evidence before them, it was open to the jury in the present case to conclude (if they thought it right to do so) that the appellant did not have any one of the three subjective intentions specified by Lord Hailsham as constituting the mens rea of murder, but did have the necessary mens rea for manslaughter. Whether a particular act which is a sine qua non of an alleged actus reus is also a cause of it is a question of law. Under the Open Government Licence v3.0 is inRoyall v R ( 1991 ) 172 CLR 378 and key judgments. 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