3. Causation - Factual Cause Flashcards

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0
Q

1). The defendants conduct was the _______ ______ of the consequence.

A

Factual cause

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1
Q

Causation - To prove that there was a _______ to the action, the prosecution must show.

A

Consequence

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2
Q
  1. The defendants conduct was the ______ __ ___ of the consequence.
A

Cause in law

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3
Q
  1. There was no ________ ___ to break the chain of causation.
A

Intervening act

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4
Q

Factual Cause - The defendant can only be _____ if the consequence would not have happened ‘___ ___’ the defendants conduct.

A

Guilty

But for

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5
Q

E.g - The defendant used his pregnant girlfriend as a human shield in a shoot out with police. Police shot a killed her. Considered that ‘___ ___’ D’s actions she would not have been killed. What’s the case called?
Guilty of manslaughter

A

But for

Pagett

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6
Q

E.g - Defendant had put poison in mothers drink attempting to kill her. She died of a heart attack before drinking the drink. What was the case called?
Not guilty of Murder
Guilty of attempted murder.

A

White

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7
Q

What did the case “White” explain?

A

That the Defendant was not guilty because ‘but for’ his actions, she would still have died.

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