Causation Flashcards
what is causation
that the act that was performed must be the ‘operative and substantial’ cause of the crime, meaning that the actions were the primary reason for the offence
- links to actus reus: the prosecution is required to prove a substantial link between the act and the crime
LCMID case study for causation
WALLACE V KAM [2013]
- Dr Kam was a neurosurgeon charged with medical negligence. During his trial, the question of causation was raised
- The case revolves around Mr Wallace, the plaintiff, who had been injured during surgery and alleged that Dr Kam had not warned him about the risks of the surgery, and that if he had known about the risks, he would not have agreed to the surgery. Therefore, he would not have been injured and negligent failure to disclose had caused injury
court found: there needed to be a higher scrutiny of the application of causation and that while the matter might establish factual causation it did not suggest that the doctor should be held liable (scope of liability
