08 April 2009

But for ...

"Shocking video footage of a newspaper seller being knocked over by police minutes before he died of a heart attack during the G20 protests emerged last night.

Ian Tomlinson, 47, was hit with a baton and pushed to the floor by an officer in riot gear after getting caught up in the demonstrations in the City of London last Wednesday.
" Reports Tom Kelly in the Daily Mail.

In law, the but for test is the test of causation.

'But for' the assault on Ian Tomlinson, would he be alive today?

If the answer is yes, then the person who assaulted him is liable for his death.

Addendum As far as I can see, the person who hit Tomlinson is liable for battery under the civil law and assault under the criminal law.

He may be liable for manslaughter or murder depending upon the outcome of the but for test.

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