AR: Causation Flashcards
What is Causation in criminal law?
The principle that the defendant’s conduct must be shown to have the consequence of a crime.
Why is causation important in criminal liability?
To establish Actus Reus, the prosecution must prove a causal link between the defendant’s actions and the harmful result.
What are the two types of causation?
Factual and Legal causation
What is the test used for factual causation?
The “But for” test - would the consequence have occured but for the defendants actions?
What is a key case for ractual causation?
R v white - the defendant was not the factual cause of death because the victim would have died from a heart attack regardless of poisoning
What is the principle of Legal causation?
the defendant’s act must be the “operating and substantial” cause of the consequence.
What case demonstartes the
R v Smith (1959) – Despite poor medical treatment, the original stab wound was still the substantial cause of death.
What is an intervening Act
An event that breaks the chain of causation, making the defendant no longer liable for the outcome.
How can a victim’s own act break the chain of causation?
If the act is “unreasonable or unforeseeable”
Case: R v Roberts (1971) – Jumping from a car to escape assault was reasonable and foreseeable, so causation was not broken.
What is the thin skull rule?
The defendant must “take their victim as they find them”, even if the victim has a pre-existing condition.
Case: R v Blaue (1975) – The refusal of a blood transfusion did not break causation because the stab wound was the operative cause of death.
Can natural events break the chain of causation?
Yes, but only if they are completely unforeseeable and unconnected to the defendant’s act
