2020- Causation

Question 1

why is causation important

Answer 1

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.

Question 2

what is the factual causation

Answer 2

it is the but for test

Question 3

what is the ‘but for test’ and which case demonstrates it

Answer 3

if it it wasn’t for Ds actions would Vs death/ injury have occurred. R white

Question 4

what does R v Hughes show

Answer 4

factual causation on its own is not enough for liability.

Question 5

what example did R v Hughes give of their needing to be both types of causation

Answer 5

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.

Question 6

what must be decided in legal causation

Answer 6

can the consequence be clearly said to be Ds fault.

Question 7

what must the jury decide in legal causation

Answer 7

whether there was an unbroken chain

Question 8

what is it called when there is a intervening act

Answer 8

Novus actus interveniens

means

Question 9

what happens when there is a break in chain

Answer 9

D is not liable

Question 10

what can the chain be broken by

Answer 10

victims own act
acts of a third party
or extraordinary life events.

Question 11

what is the thin skull rule

Answer 11

take victim as you find them, can’t exclude liability because of victims medical condition.

Question 12

R v Blaue

Answer 12

sets out definition of thin skull rule

Question 13

Mamote-Kulang v R

Answer 13

still be liable even in an accident

Question 14

what are the three ways a victims own act can break legal causation

Answer 14

Deliberate act
Self neglect
escape

Question 15

R v Kennedy

Answer 15

dealer gives v heroin with a needle, as V injected this breaks causation

Question 16

R v Dear

Answer 16

D severs artery with a knife, v didn’t seek medical attention straight away however this still does not break chain of causation

Question 17

R v Wallace

Answer 17

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.

Question 18

R v Blaue

Answer 18

Jahovahs witness not getting blood transfusion does not break chain of causation

Question 19

R v Roberts

Answer 19

woman jumps from car thinking she will be sexually assaulted, this does not break chain of causation.

Question 20

what must Ds act be

Answer 20

doesn’t need to be the only cause of the result but needs to be the most significant cause

Question 21

r v pagett

Answer 21

man uses pregnant girlfriend as a riot shield and she is accidentally shot, this was his fault not the police.

Question 22

do life support machines getting turned off break legal causation

Answer 22

no

Question 23

R v Malcherek/ R v Steel

Answer 23

it is clear that turning off a life support machine is not breaking the chain of causation

Question 24

r v jordan

Answer 24

case showing medical negligence breaking causation

Question 25

r v smith

Answer 25

there was medical negligence however, D was still guilty as he was a major factor

Question 26

R v Mellor

Answer 26

factors like delayed ambulance are up to the jury to decide whether it is medical negligence breaking causation

Question 27

what must Ds contribution be

Answer 27

more than minimal- R v Hughes