Actus Reus- Causation Flashcards
List all of the cases for causation
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
List all of the cases for omissions
Gibbins v Proctor Pitwood Stone and dobinson Dytham miller Santanna Burmundez v dpp lowe khan and khan Fagen v MPC
What case supports the ‘but for’ test
white
what case established more than minimal contribution in legal causation
kinsey and Blaue
List the facts and significance of whites case
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.
List the facts and significance of Blaues case
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’
what did the case of blau establish
Thin skull rule
criticize the thin skull rule
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.
List the facts and significance of Kimsey’s case
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
criticize the de minimumus rule of legal causation
who decides what the minimus act is
Jurys may all have different opinions based on schema
what are the 3 forums of an interveaning act
result of a third party, victims actions or an unpredictable event
How can white be used as an intervening act
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.
list the facts of corbette
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.
List the facts of Williams and Davis
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.
List the cases which can be used for third party intervening act
Jordan, Cheshire and smith
List the cases which can be used for an interveaning act of he victims own actions
white, corbette, Davis and williams, mellor, Smith
List the facts of Jordan
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.
List the facts of cheshire
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.
List the facts of smith
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.
List the facts of Pagett
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.
List the facts of mellor
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.
list the facts of merchant and muntz
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.
List the facts of marjoram
D’s were shouting at the hostel door and V jumped out the window. Held: D’s actions were reasonably foreseeable
