SmartBrief
Confirm favorite deletion?
Criminal Law Keyed to Kadish
Regina v. Cheshire
Citation:
93 Cr. App. R. 251 (1991)Facts
David William Cheshire shot a man during the course of an argument, inflicting serious injuries that required hospitalization. While in hospital, the victim developed respiratory problems, prompting doctors to insert a tracheotomy tube which initially improved his condition. The tube remained in place for approximately four weeks. Several days after treatment began, the victim’s condition deteriorated when he complained of further respiratory issues, and he died shortly thereafter. A post-mortem examination revealed that the victim’s windpipe had narrowed near the location where the tracheotomy tube had been inserted, suggesting possible complications from the medical procedure. The prosecution maintained that despite any potential medical negligence, Cheshire’s original act of shooting remained a significant cause of death.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
Topic Videos 
10m 5s
7m 12sTopic Outline 
Topic Refresher Course 