Causation

Question 1

Fiona pilkington and daughter Francesca Hardwick

Answer 1

• Bullied by local children
• Mum drove them to a place and set fire to the car with them both in
• There has not been any prosecutions of the children but forces us to ask how far causation expands.

Question 2

White 1910

Answer 2

• Attempted to murder mother with cyanide but she died of a heart attack before it took effect
• Acquitted and instead charged with attempted murder
• Factual causation ‘but for’ test

Question 3

What test is used for factual causation?

Answer 3

• ‘But for’ test

Question 4

Pagett 1983

Answer 4

• Held GF pregnant hostage as a shield from police fire, police shot dead the girl.
• COA ‘in cases of homicide it is rarely necessary to give the jury any direction on causation as such’
• He argued jury should have had more direction on causation
• Convictied MS

Question 5

Hart and Honore

Answer 5

• They suggested that whether it is free delibrate and informed we certainly consider it to be broadly correct and supported by authority

Question 6

Jordan 1956

Answer 6

• Was the medical treatment normal or ‘palpably wrong’?
• D stabbed V and he was was taken to hospital and there was evidence that the wound had healed significantly
• Doctors then gave a drug he was allergic to repeatedly and he died
• Treatment was palpably wrong so Jordan was not guilty and the chain of causation was broken

Question 7

Smith 1959

Answer 7

• Determine whether the original wound was still the operating and substantial cause
• Smith was a soldier who stabbed V in barracks
• V was dropped twice when carried to ambulance and was then given incorrect treatment in hospital
• The treatment was thoroughly bad but the original wound was still the operating and substantial cause of death.

Question 8

Cheshire 1991

Answer 8

• D shot V after an argument
• V suffered respiratory problems in hospital and a windpipe was inserted, obstruction to his windpipe is what killed him.
• He was in recovery so the cause of death was not the gun shot wounds
• TJ misdirected the jury as to when medical treatment may break the chain
• COA upheld conviction because D’s actions need not be the sole cause or even the main cause if death, it is sufficient that his acts contributed significantly

Question 9

Roberts 1972

Answer 9

• Gave V a lift home and was accused of sexual assault
• She jumped out of a moving car and suffered concussion
• Claimed TJ misdirected the jury
• COA said the jury should be asked ‘Was V’s act reasonably foreseeable or was it so daft that no reasonable man could be expected to foresee it’
• After asking this question the conviction was upheld

Question 10

Blaue 1975

Answer 10

• Jehovah’s witness and a blood transfusion
• Was the stabbing the operating and substantial cause of the death?
• Those who use violence on other people must take their V ‘s as they find them (Think skull rule)
• Convicted of Manslaughter as he used diminished responsibility

Question 11

Dear 1996

Answer 11

• D attacked v with knife and V then reopened the healing wounds and failed to seek medical treatment
• If it was apparent suicide it was not foreseeable and so the D could not be convicted
• COA said jury were entitled to find the D’s conduct was the operating and substantial cause of the death

Question 12

Kennedy 2007

Answer 12

• D supplied heroin
• When it is appropriate to find D guilty of MS where D has been involved in the supply of a class A drug which is freely and voluntarily self administered causes V’s death
• HOL said in the case of a fully informed and responsible adult, never