Causation Flashcards
what is factual causation?
‘but for’ the defendant’s actions, would the victim have survived?
what case example can be used for ‘factual causation’?
White - D poisoned his mum’s glass of milk but she died of a heart attack before she could drink it. Not guilty as ‘but for’ his actions, she would’ve died regardless.
what is legal causation?
the defendant must be a ‘more than minimal cause’ of death / morally responsible for the crime
what case example can be used for ‘legal causation’?
Pagett - D was being shot at by police, so used his pregnant girlfriend as a human shield. He was more than a minimal cause of her death.
what are the 7 intervening acts?
- eggshell conditions
- escape of the victim
- self treatment / refusal
- third parties
- life support machines
- self-injection
- natural disasters
what are eggshell conditions?
can they break the chain of causation?
take the victim as you find them.
no they cannot break the chain of causation.
what is escape of the victim?
can it break the chain of causation?
when the victim dies while escaping the defendant.
yes it can break the chain of causation if their actions are grossly negligent.
what case example can be used for ‘escape of the victim’?
Roberts - V escaped the car and was injured. Her actions were reasonable so so did not break the chain of causation and D was guilty.
what is ‘self treatment / refusal’?
can it break the chain of causation?
victim refuses medical treatment or professional help.
no it cannot break the chain of causation.
what are third parties?
can they break the chain of causation?
when someone else potentially contributed to injuries/death.
yes they can break the chain of causation if the third party acts grossly negligently.
what case example can be used for ‘third parties’?
Jordan - D stabbed V but doctor acted grossly negligently. The chain of causation was broken and the doctor was instead guilty.
what is a life support machine?
can they break the chain of causation?
when a doctor chooses to end somebody’s life by switching their life support machine off.
no they cannot break the chain of causation.
what does self-injection mean?
can it break the chain of causation?
when D gives V drugs but V takes the drugs themselves.
yes it can break the chain of causation, as long as V has taken it themselves.
what case example can be used for ‘self-injection’?
Kennedy - V self-injected the drugs given by D so the chain of causation was broken and D was not guilty of manslaughter.
what is a natural disaster?
can they break the chain of causation?
a freak weather incident.
yes it can break the chain of causation as it is an unforeseeable act.
