causation Flashcards
factual causation
“but for the defendants actions, would the victim have survived.
case-white- poisoned his mums drink but before she drank it she had a heart attack. not the factual cause.
legal causation
d is more than a minimal cause of death
case-pagett- used his gf as a shield from bullets.
what happens if the chain is broken
lesser charge or no charge
thin skull rule
doesn’t break causation
case-blaue- needed a blood transfusion but refused
voa- escape
breaks the chain
case-Roberts- jumped out of a moving car to avoid SA.
voa- self treatment/ neglect
breaks the chain
voa- refusal of treatment
never breaks the chain
case- Holland- cut his finger, refused treatment, died.
voa- self injection
breaks the chain
case- Kennedy- friend took heroin and died.
voa- suicide
breaks the chain
case- Wallace- acid attacked by ex gf, got euthanized.
tp- negligent medical care
Jordan- stabbed and got infected, doctors gave him antibiotics he was allergic to.
tp- life support machine
never breaks the chain
case-malcherek and steel- put someone on life support
natural disasters
breaks the chain