4. Causation - Cause In Law 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
Cause in law - A defendant can be convicted even if their conduct was not only the cause of the ______. The rule is that it must be the ‘_______ & _______’ cause.
Consequence
Substantial & Operative
Medical neglected will only break the ____ __ _______ in very rare circumstances.
Chain of causation
E.g - defendant shot victim and victim was taken to hospital, where tracheotomy was performed. 6 weeks later, victim suffered breathing problems, because of the tracheotomy scar & died. The hospital did not brake the chain of causation. What case was this?
Cheshire
Defendants ______ need not be the sole or even the main _____ of death as long as they contributed significantly to the result.
Actions
Cause
The ____ _____ ____ states a defendant must take his victim as he find them.
Thin skull rule
If the ______ suffers from an unusual condition which means the ___ caused more serious injury then it would in a ‘normal’ person, then the _______ is still _____ for the serious injury.
Victim
Act
Defendant
Liable
Defendant stabbed an 18-year-old woman and punctured her lung, at the hospital the victim was told she would need a blood transfusion to save her but she refused contrary to her religious belief,she died the next day.
Held guilty of manslaughter. What case is this?
Blaue