AR- Causation Flashcards
What is the test to prove factual causation
The but for test
What must the prosecution prove
D was the factual and legal cause and there was no intervening act that broke the chain of causation
R v White
D put poison in mothers drink with intent to kill and inherit her money. Mother was found dead but had died from a heart attack
D not guilty of murder using but for test
Dalloway
D was riding horse and cart and not holding the reins. A child ran In front of the cart and died. Not guilty using but for test
Pagett
D was been chased by armed police. He used his gf as a shield and shot at the police. Girl is killed. D convicted of manslaughter using but for test
What does de minimis mean
More than a minimal cause
What case did the slight or trifling link come from
Kimsey
What is a ‘novus actus intervenis’ mean
An intervening act
What can the chain of causation be broken by
The victims own actions
Third party
Negligent medical treatment
Victims own actions cases
Roberts (V jumped out of car in fear of rape) - ‘if v’s own actions were reasonably foreseeable, the chain would not be broken. To break the chain V would have to do something so daft it isn’t foreseeable’
Williams (V jumped out of car in fear of theft and died) - ‘where the threat is minor and v does something crazy the chain will be broken’
Marjoram (v jumped out of window so escape abide and broke leg)
Dear - V’s aren’t obliged to get medical treatment
Holland (same as dear)
When will the original attacker be guilty even if a third party is involved? Case name
If the third parties actions were reasonably foreseeable
Pagett
What is the general rule regarding negligent medical treatment
It won’t break the chain of causation
Smith
Soldier was stabbed. Doctors failed to notice punctured lung and he died.
Negligent medical treatment won’t be liable if the original wound was the operating and substantial cause of death. (Open wound and substantial cause of death)
Cheshire
D shot man in stomach. During operation V needed a tracheotomy. 6 weeks later the wound had healed and was no longer in a life threatening situation. V developed complications bc of tracheotomy and died
D was convicted bc even though the medical treatment caused the death, it wasn’t separate from D’s action
Malcherek
D stabbed wife. She was put on life support but brain dead. The machine was switched off and D was convicted of murder
The life support been switched off didn’t break the chain
