Girdler v R.

Girdler v R.

The conviction was unsafe because the jury directions on causation did not adequately address the novus actus interveniens issue. The jury needed a clear test: the defendant causes the death only if it could sensibly have been anticipated that a fatal collision might occur in the circumstances in which the second collision did occur. The directions given were insufficient, and the inconsistent verdicts indicated jury confusion. A retrial was ordered with proper directions to be given.

Parties
Appellant: Dean Girdler; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
15 December 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal allowed, conviction quashed, retrial ordered
Legal Topics
Causation, Dangerous Driving, Novus Actus Interveniens, Jury Directions
Criminal Law Causation Dangerous Driving Novus Actus Interveniens Jury Directions

Case Brief

Summary, issues, holding and outcome

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Parties

Dean Girdler

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 What directions should be given to the jury regarding causation when a defendant claims a new and intervening act broke the chain of causation?
  2. 2 Should verdicts on multiple counts arising from the same incident be consistent?

Ratio Decidendi

The conviction was unsafe because the jury directions on causation did not adequately address the novus actus interveniens issue. The jury needed a clear test: the defendant causes the death only if it could sensibly have been anticipated that a fatal collision might occur in the circumstances in which the second collision did occur. The directions given were insufficient, and the inconsistent verdicts indicated jury confusion. A retrial was ordered with proper directions to be given.

Court Disposition

appeal allowed, conviction quashed, retrial ordered

Orders

  • Conviction quashed.
  • Retrial ordered to be heard together with the retrial ordered by the Crown Court.