2020- Causation Flashcards
why is causation important
it is an essential element to crimes like murder and manslaughter and certain non-fatal offences. Ds act must cause the death or injury etc.
what is the factual causation
it is the but for test
what is the ‘but for test’ and which case demonstrates it
if it it wasn’t for Ds actions would Vs death/ injury have occurred. R white
what does R v Hughes show
factual causation on its own is not enough for liability.
what example did R v Hughes give of their needing to be both types of causation
a woman asks her husband to go to the shop and he dies in a car crash on the way. she satisfies but for test but obviously not liable.
what must be decided in legal causation
can the consequence be clearly said to be Ds fault.
what must the jury decide in legal causation
whether there was an unbroken chain
what is it called when there is a intervening act
Novus actus interveniens
means
what happens when there is a break in chain
D is not liable
what can the chain be broken by
victims own act
acts of a third party
or extraordinary life events.
what is the thin skull rule
take victim as you find them, can’t exclude liability because of victims medical condition.
R v Blaue
sets out definition of thin skull rule
Mamote-Kulang v R
still be liable even in an accident
what are the three ways a victims own act can break legal causation
Deliberate act
Self neglect
escape
R v Kennedy
dealer gives v heroin with a needle, as V injected this breaks causation
R v Dear
D severs artery with a knife, v didn’t seek medical attention straight away however this still does not break chain of causation
R v Wallace
case in which D poured acid over her Ex which causes extremely serious injury, he gets his dad to take him for euthanasia. Courts held it was jury question on whether legal causation was broken.
R v Blaue
Jahovahs witness not getting blood transfusion does not break chain of causation
R v Roberts
woman jumps from car thinking she will be sexually assaulted, this does not break chain of causation.
what must Ds act be
doesn’t need to be the only cause of the result but needs to be the most significant cause
r v pagett
man uses pregnant girlfriend as a riot shield and she is accidentally shot, this was his fault not the police.
do life support machines getting turned off break legal causation
no
R v Malcherek/ R v Steel
it is clear that turning off a life support machine is not breaking the chain of causation
r v jordan
case showing medical negligence breaking causation
r v smith
there was medical negligence however, D was still guilty as he was a major factor
R v Mellor
factors like delayed ambulance are up to the jury to decide whether it is medical negligence breaking causation
what must Ds contribution be
more than minimal- R v Hughes
