Causation Flashcards
1
Q
Causation
A
Whether the act/omission caused the outcome
2
Q
What does prosecution need to prove
A
1) Factual Causation
2) Legal Causation
3) Breaks in the Chain
3
Q
Factual Causation
A
‘But for test’
R v White
But for the defendant’s conduct would the consequence have occurred anyway?
4
Q
Legal Causation
A
De Minimis Principle
More than a slight or trifling link
R v Kimsey
5
Q
How to break the Chain of causation
A
To break the chain:
1) Independent of D’s conduct
2) Serious enough to excuse D from liability
6
Q
3 Elements that break the chain of causation
A
1) unforeseen natural event
2) intervention of 3rd parties
3) Acts of the victim
7
Q
Unforeseen natural events
A
R v Hart
