Causation

Question 1

Factual Causation

Answer 1

One must use the ‘but for’ test: ‘but for’ [the defendant] [doing what they did] would [the victim] have suffered [what they did]? No, therefore factual causation is proved (Pagett).

Question 2

‘De minimus’ Test [Legal Causation]

Answer 2

One proves this by using ‘de minimus’, asking ‘was D’s conduct more than a minor cause?’ (Kimsey), ……

Question 3

‘Operating and substantial’ Cause [Legal Causation]

Answer 3

…. and the ‘operating and substantial’ cause test, asking ‘was the D most to blame?’ (Chesire).

Question 4

Thin Skull Rule

Answer 4

A defendant cannot us the victim’s weakness as an excuse and must ‘take their victims as they find them’ (Blaue).

Question 5

Unreasonable Actions of the Victim [Novus Actus Interveniens]

Answer 5

This will only break the chain of causation if V acts ‘daft’ and in an unforeseeable way (Roberts).

Question 6

Unreasonable Actions of a 3rd Party [Novus Actus Interveniens]

Answer 6

Sometimes, D’s actions will cause a 3rd party to get involved. As long as they act in a reasonably foreseeable way, their actions will not break the chain of causation (Pagett).

Question 7

‘Palpably Wrong’ Medical Treatment [Novus Actus Interveniens]

Answer 7

Medical treatment will only break the chain of causation if it is wholly independent of D’s conduct (Jordan).

Question 8

Self-Neglect form the Victim [Novus Actus Interveniens]

Answer 8

If V mistreats, or neglects to treat, their injuries, this will not break the chain (Holland).

Question 9

Natural Event [Novus Actus Interveniens]

Answer 9

Something which happens outside the control of D’s and V’s conduct that would’ve happened regardless will not break the chain (White).

Question 10

Contemporaneity

Answer 10

1. Continuing Act
   When AR comes before the MR, the AR is ‘stretched’ over time to meet the point where the D has the MR (Fagan v MPC)
2. One Transaction Rule
   If MR comes before the AR, then D’s actions will be considered as all part of the same series of events (Church)

Question 11

Transferred Malice

Answer 11

If D commits a crime intended for one person, but actually happens to another, then the MR is transferred from the intended V to the actual V (Latimer)

However it must be the same crime (Pembilton).