Causation

Question 1

Factual causation

Answer 1

if the consequence would not have happened ‘but for’ D’s act, then s/he will be the factual cause of it
R v White

Question 2

Legal causation

Answer 2

D’s act need not be the sole or main cause, but D must be the ‘operative and substantial cause’ (R v Smith) or have made a ‘significant contribution’ (R v Chesire)
R v Kimsey - D’s conduct must be more than minimal - ‘de minimis’ rule

Question 3

Physical characteristics of victim

Answer 3

Does it break the chain of causation? No

R v Ruby - thin skull rule

Question 4

Refusal of medical treatment

Answer 4

Does it break the chain of causation? No
R v Blaue
R v Holland

Question 5

Natural consequence of D’s actions

Answer 5

Does it break the chain of causation? No
R v Pagett
R v Hallett

Question 6

Escape cases

Answer 6

Does it break the chain of causation? Depends
R v Roberts
R v William and Davis

Question 7

Switching off life support

Answer 7

Does it break the chain of causation? No

R v Malcherek

Question 8

Victim committing suicide

Answer 8

Does it break the chain of causation? No
R v Dhaliwal
R v Dear

Question 9

Poor medical treatment

Answer 9

Does it break the chain of causation? Depends
R v Smith
R v Cheshire
R v Jordan - treatment must be ‘palpably wrong’