3. Causation - Factual Cause Flashcards
1). The defendants conduct was the _______ ______ of the consequence.
Factual cause
Causation - To prove that there was a _______ to the action, the prosecution must show.
Consequence
- The defendants conduct was the ______ __ ___ of the consequence.
Cause in law
- There was no ________ ___ to break the chain of causation.
Intervening act
Factual Cause - The defendant can only be _____ if the consequence would not have happened ‘___ ___’ the defendants conduct.
Guilty
But for
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
But for
Pagett
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.
White
What did the case “White” explain?
That the Defendant was not guilty because ‘but for’ his actions, she would still have died.