Causation Flashcards
Causation in fact and chain of causation
What cases is the ‘but for’ test seen in?
R v Pagett 1983
‘but for’ defendants use of his girlfriend as a human shield, she wouldn’t have been killed by police
R v White 1910
‘but for’ the son poisoning the mother, she would still have died, therefore it was only attempted murder
What case shows if the defendants actions were a significant cause of the victims injury?
Jordan 1956
Defendant stabbed the victim who went to hospital and died due to allergic reaction to antibiotics. He would have lived from his injuries.
Actions of third parties being reasonably foreseeable to the initial Defendant mean the chain isn’t broken. Which cases show this?
Smith 1959
Soldiers fought and one was stabbed in the lung. The stretcher he was on dropped him on the way to hospital. This didn’t break the chain however as he died of a punctured lung.
Roberts 1971
Man driving tries to sexually harassed a girl in the back so she jumped out causing injury. These actions were reasonably foreseeable so he was still held accountable and the chain remained intact.
What is the case that proves the Defendant will still be liable if the victim’s weakness makes their injury more serious (think skull rule)?
Blaue 1975
Woman stabbed and needs a blood transfusion to live but it is refused by her Jehavah witness parents. She died and the stabber is convicted of murder, despite him not knowing about these conditions
