R V PAGGETT [1983]

Why R v Paggett is Important

R v Paggett demonstrates the application of the ‘but for,’ test of causation. Where the defendant’s unlawful act places the victim in a position where they are killed by the actions of a third party who are justified in their conduct, then causal responsibility for the victim’s death will fall on the defendant. This also applies where the third party’s actions are excused by the law and were a reasonably foreseeable response to the situation which the defendant created.

Facts

The defendant took the victim as a hostage during a confrontation with armed police. Upon exiting the flat, the defendant fired shots at police whilst using the victim as a human shield.  The police returned fire, and one of their shots killed the defendant.

Conviction at Issue

The defendant was convicted…