Newton Spence v The Queen: PC 16 Jul 2001

(St. Vincent and the Grenadines) The appellant had been convicted of murder. The victim had died but partly as a result of the surgery to save him. The judge correctly directed the jury that they must be sure the original wound was a continuing, operative and substantial cause of death. The judge discharged one juror late in the trial because she wanted to go on holiday. This was not a proper reason, and the effect was potentially to deprive either party of a proper verdict. The conviction must be quashed.


Lord Hoffmann, Sir Patrick Russell, Sir Christopher Staughton, Sir Andrew Leggatt, Sir Philip Otton


No 47 of 2000, [2001] UKPC 35


Bailii, PC, PC

Criminal Practice, Commonwealth

Updated: 01 June 2022; Ref: scu.159475