R v Andrews
Hingston was the leader of a gang who were suspected of being involved in a number of serious assaults against
females. A group of youths, including Andrews, decided to take revenge for these assaults by attacking Hingston
and his gang. In the course of the fight, Andrews, who was armed with a knife, stabbed Hingston in the leg.
Although Hingston’s injury was serious, there is medical evidence that it would not have been life-threatening
had he received prompt hospital treatment. Hingston refused to go to hospital because he was disgusted at the
prospect of being touched or attended to by female medical staff, and was afraid that he would be recognised as
the perpetrator of various serious assaults on female medical staff near the hospital. Hingston received no
medical treatment and died as a result of his injury.
Andrews is appealing against his conviction for the murder of Hingston. The grounds of appeal are confined to
the reliance placed by the trial judge, Mr Justice White, on the case of R v Blaue [1975] 1 WLR 1411 in directing
the jury that the initial stab wound could be regarded as the operative cause of Hingston’s death
notwithstanding Hingston’s refusal to seek medical treatment and his reasons for doing so.
The appeal is brought on the following grounds:
1. The present case was distinguishable from Blaue which was concerned with situations where the victim
had valid reasons for refusing medical treatment. Different considerations applied where there was an
unreasonable refusal to seek any medical treatment and where the reasons for doing so were
unconnected to the nature of the medical treatment;
You are the lead counsel for the appellant. See the attached instructions and only work on the BUNDLE, not the Skeleton.
An example is attached as well. Also, only use case authorities with top hierarchy.