AR Causation

Question 1

Factual vs Legal

Answer 1

Fact: ‘But for’
Legal: Substantial and Operative cause - novus actus interveniens

Question 2

R v Smith

Answer 2

Novus Actus - Act so overwhelming as to make the original act merely part of the history
Soldiers - stabbed other - V dropped on way to hospital = original wound - Still
Operating Cause

Question 3

McGrath

Answer 3

Shot V left on road - priest brought in car to hospital - caused death not novus actus - good samaritan - humane and well intentioned act won’t break chain of causation

Question 4

R v Hallet

Answer 4

D knocked out V on shore - v drowned - no novus - as no unusual event took place

Question 5

AG v Gallagher

Answer 5

D dangerous driving - V on wrong side of road
V negligence didn’t entitle D acquittal

Question 6

Kennedy

Answer 6

Ac gave heroin - OD’d and died - V made fully informed voluntary decision to take drugs - Cato contrast

Question 7

Chesire

Answer 7

Shot V - intensive care - complication in treatment = death
Original Wound was still operating Cause = Guilty

Question 8

Pagett

Answer 8

Human shield - D acts held as Significant Cause

Question 9

Jordan

Answer 9

Stab wound largely healed - negligently given antibiotic allergic - Held No longer operating cause = acquitted

Question 10

Holland

Answer 10

Tetanus - refused treatment = D Guilty

Question 11

Blaue

Answer 11

Jehovah - refused - D guilty

Question 12

AG Reference No.3 [1994]

Answer 12

Stabbed preg mother - transferred intent to premature baby

Question 13

Fagan

Answer 13

Policeman Foot - continuing act when D chose not to move car when became aware

Question 14

Kaitamaki

Answer 14

Sex continuing act - if consent removed fulfills AR of rape

Question 15

Thao Meli

Answer 15

Mr to kill but badly beat - thought dead threw over cliff to dispose body - held act of beating and throwing over cliff was continuing act