Actus Reus - Causation Flashcards
What’s causation
D’s conduct was the factual and legal causation of that consequence
What is factual causation?
R v Pagett -
‘But fir’ D’s conduct the consequence wouldn’t of happened
What law does R v Hughes state
D’s act has to be more than minimal way to the consequence
What is legal causation ?
Following R v Kimsey - there must be a more than slight or trifling link between D’s act and the consequence
What’s the thin skull rule
Following R v Blaue - the D must also take the victim as s/he finds him/her
What’s an intervening act
When something else happens after D’s act/omission and it’s sufficiently separate it may break the chain of causation
What can break the chain of causation
- victims own act
- act of third party
- a natural but unpredictable event
Examples of medical treatment which doesn’t break the chain
R v Smith - D’s act was a substantial cause of V’s death
R v Cheshire - D’s act contributed to the death
Example of the chain being broken by medical treatment
R v Jordan - sufficiently independent from D’s act
What’s victims own act
D causes V to react in a reasonable foreseeable way - any injury from the reaction is caused by defendant
Eg> R v Roberts - (reaction of v) natural result of what (D said or did) in sense that it was reasonably foreseen
Example of Victims own act breaking the chain
R v Williams & Davis - V’s act had to be proportionate to the threat
Law behind life support
Malcherek - turning off life support does not break the chain of events
Is D liable is V refuses treatment
R v Dear - even if wounds r treatable jury can still convict D as wounds contributed to death
