Causation

Question 1

What are the two types of causation ?

Answer 1

Legal causation
Factual causation

Question 2

What is the ‘but for test’ ?

Answer 2

But for the actions of the defendant, would the result have occurred?

Question 3

What are the 4 rules of legal causation ?

Answer 3

Culpable act
Sole cause
No intervening act
Thin skull rule

Question 4

In what case was the but for test established ?

Answer 4

R v White (1920)
&
R v Pagget (1983)

Question 5

What happened in R V Pagget (1983) ?

Answer 5

A man separated from his wife and formed a relationship with a 16 year old girl who became pregnant, she ended the relationship and was taken hostage by the appellant, and he used her as a shield.

Question 6

What were the convictions of R V Pagget (1983) ?

Answer 6

convicted of possession of a firearm with intent to endanger life,

kidnaping on 2 accounts,

attempted murder and two more
attempts on police officers

and the manslaughter of the girl

Question 7

What case can be used for harm from a culpable act ?

Answer 7

R V Dalloway (1847)

Question 8

What happened in R V Dollaway (1847) ?

Answer 8

The defendant was driving a horse and cart when a child ran in front, he wouldn’t have been able to stop in time either way

Question 9

What case can be used for the sole cause ?

Answer 9

R V Benge (1865)

Question 10

What happened in R V Benge (1865) ?

Answer 10

Train worker misread the timetable and started maintenance on the track, the lookout man wasn’t watching, if they have done their job nobody would’ve died

Question 11

What happened in R v White 1910 ?

Answer 11

D put poison in his mothers drink, with the intention of killing her, she sipped the drink and later died, however it was of an unrelated hear attack