causation

Question 1

factual causation cases

Answer 1

WHITE
v would have died regardless of his actions
PAGETT
v would not have died ‘but for’ d’s actions

Question 2

legal causation

Answer 2

SMITH
d’s act must be the operating and substantial cause

d can be guilty even if conduct only contributes ti death or he was only one among others who contributed to it
CATO
need not have been the only cause of death but must be more than a minimal cause
BENGE
need not be the sole cause of resulting harm, but it must be more then minimal

Question 3

legal causation - NAI by 3rd party

Answer 3

JORDAN
‘palpably wrong’
MALCHEREK V STEEL
switching off of life support machines does not break chain of causation

Question 4

legal causation - different NAI

Answer 4

• NAI by third party
• NAI by victim
• thin skull rule

Question 5

legal causation - NAI by victim

Answer 5

ROBERTS
reasonably foreseeable consequence of what d was doing and therefore didn’t break the chain of caustion
WILLIAMS
V’s actions were a NAI by V as it was voluntary and unreasonable

Question 6

legal causation - thin skull rule

Answer 6

BLAUE

must take the victim as you find him

Question 7

transferred malice definition and cases cases

Answer 7

d can be guilt if he intended to commit a similar crime but against a different victim- also applies to mens Rea of murder

cases
LATIMER 
d guilty of assault on victim even though he was aiming for someone else and had not meant to hit her
MITCHELL
transferred malice also accepted