causation Flashcards
factual causation - prosecution
‘sine qua non’ - but for test, would the victim of lived or died before the defendants actions
legal causation - prosecution
morally responsible?
de minimus rule - more than minimal cause?
accelerated the death?
White - FC case
cyanide in drink in order to kill mother for inheritance but she died of a heart attack before
NG of murder - but for his actions she would have died
Pagett - LC cases
used girlfriend as a human shield during a police shooting - killing the girl
G of murder - he was more than a minimal cause, he accelerated her death and was morally responsible
Marchant and Muntz
hay grabbing machine stabbed speeding motorcyclist
NG of murder as he wasn’t morally responsible
Kimsey
COA confirmed the more than minimal test
Adams
COA confirmed the acceleration test
Eggshell condition
physical weakness - taken as found when D commits the unlawful crime
Blaue
jehovahs witness stabbed - religion didn’t allow for blood transfusions
considered an eggshell condition - CNB taken as found
Hayward
threatened wife which triggered her overactive thyroid which killed her
CNB taken as found
Roberts
Escape of the victim case - car lift for girl with attmepted assault - she jumped and injured herself
CNB - not GN but reasonable and forseeable
created the daftness test
Williams and Davis
car lift with threatening of a knife for robbery - V jumped and died
CNB - V’s actions were reasonable and forseeable
Corbett and Marjoram
COA - applied the daftness test
Wall - very old case
whipped so drank whiskey as a pain relive - died of heart attack
CNB - not GN reasonable in the circumstances
Dear
father stabbed the suspect of daughters murder - V reopened the wound
CNB - as D significantly contributed to the death - s+o
