Actus Reus- Causation

Question 1

List all of the cases for causation

Answer 1

white 
pagett
Blaue
Marchant and Muntz
Kimsey
Smith
cheshire
jordan
Malchereck and steel 
airdale NHS trust v bland
Dear
Roberts
Williams and Davis 
Mellor 
Corbett

Question 2

List all of the cases for omissions

Answer 2

Gibbins v Proctor 
Pitwood
Stone and dobinson 
Dytham 
miller
Santanna Burmundez v dpp
lowe 
khan and khan 
Fagen v MPC

Question 3

What case supports the ‘but for’ test

Answer 3

white

Question 4

what case established more than minimal contribution in legal causation

Answer 4

kinsey and Blaue

Question 5

List the facts and significance of whites case

Answer 5

D put poison in mothers milk but she died of heart failure.
White did not not cause her death although it was enough to establish an attempt
if it was not ‘but for’ D’s actions would the same result of occurred.

Question 6

List the facts and significance of Blaues case

Answer 6

The defendant stabbed the victim not knowing she was a Jehovah witness. She then refused medical treatment (a blood transfusion) out of her beliefs. Blaue was still responsible as they said ‘ you’ve got to take the victim as you find them’

Question 7

what did the case of blau establish

Answer 7

Thin skull rule

Question 8

criticize the thin skull rule

Answer 8

If the defendant is unaware of the victims physical or mental state, they’re being convicted for something they didn’t intend to do.
People with religious beliefs are not forces to do something they don’t want to do.

Question 9

List the facts and significance of Kimsey’s case

Answer 9

two girls participated in a car race, one of the cars crashed and the other girl was held responsible for her death.
Established/ created the precedent for the de minimus rule which is the minimum someone has to do to cause someones death

Question 10

criticize the de minimumus rule of legal causation

Answer 10

who decides what the minimus act is

Jurys may all have different opinions based on schema

Question 11

what are the 3 forums of an interveaning act

Answer 11

result of a third party, victims actions or an unpredictable event

Question 12

How can white be used as an intervening act

Answer 12

Because the poison did not kill his mother, the heart attack was the intervening act which broke the chain of causation because he didnt satisfy the but for test.

Question 13

list the facts of corbette

Answer 13

V tried to escape an attack by D and in doing so he fell and died after being hit by a car. Chain of causation not broken. The actions of V were reasonably foreseeable.

Question 14

List the facts of Williams and Davis

Answer 14

D’s picked up a hitch hiker from glastonbury. The prosecution argued that D’s were robbing V so V jumped out of the car and died. D’s conviction quashed because there was not enough evidence.

Question 15

List the cases which can be used for third party intervening act

Answer 15

Jordan, Cheshire and smith

Question 16

List the cases which can be used for an interveaning act of he victims own actions

Answer 16

white, corbette, Davis and williams, mellor, Smith

Question 17

List the facts of Jordan

Answer 17

Doctor gave V a course of anti-biotics he was alergic too. The wounds were starting to heal and he died of the medical treatment. D not liable.

Question 18

List the facts of cheshire

Answer 18

D shot V and was convicted of murder. He appealed but conviction upheld because even though the breathing tube was a factor contributing to death, it was not significant enough to be the substantial cause.

Question 19

List the facts of smith

Answer 19

Victim was stabbed at an army base. He was given the wrong medical treatment as they failed to diagnose his punctured lung and dropped him twice. D conviction upheld because the stab was the operating cause.

Question 20

List the facts of Pagett

Answer 20

Paggett used his girldfriend as a sheild, he shot at the police and the police shot back killing the girl. This is illustarated in the but for test.

Question 21

List the facts of mellor

Answer 21

An elderly man admitted to hospital after an attack suffering broken ribs etc. Hospital failed to give him oxygen which may of saved his life. The vitims conviction was uphelt because when medical treatment is an interveaning act, the courts are reluctant to break the chain.

Question 22

list the facts of merchant and muntz

Answer 22

D was driving over the speed limit when he lost control of his bike and impelled himself on the tractors spikes.He was liable for his own death because if he was at a reasonable speed he wouldnt of died.

Question 23

List the facts of marjoram

Answer 23

D’s were shouting at the hostel door and V jumped out the window. Held: D’s actions were reasonably foreseeable