Causation Flashcards
Factual Causation
That ‘but for’ the conduct of the accused the victim would not have died or been injured
R v White
R v White
D out potassium cyanide into drink - intention to kill mother, died of heart attack not poison, D acquitted of murder, convicted of attempted murder
Legal Causation 3 points
- Original injury was an operative / substantive cause of death
- The intervening act was reasonably foreseeable
- “Thin skull” Test
The original injury was an operative cause of death: case
R v Smith - D stabbed P twice with bayonet - carried to Medical Officer, dropped twice on route, pierced lung, D’s conviction upheld.
What did court say about R v Smith
The original injury is still an operant and substantial cause of death
> Medical treatment must have killed independently
R v Cheshire
D shot victim in leg, he died from rare complications caused by tracheostomy - D convicted of murder
The intervening act was reasonably foreseeable
Intervening act which is reasonably foreseeable will not break chain of causation
R v Pagett
R v Corbett
R v Muhammed
R v Pagett
D used girlfriend as human shield, he fired at armed police, girlfriend killed by shots from police - D liable
- Reasonably foreseeable police would shoot back
R v Corbett
Mentally handicapped men drinking all day, started hitting + head butting - victim fell into gutter, struck by car - liable manslaughter
R v Muhammed
- D racing car over 100MPH, tyre blew out, lost control- killing 3 y/o son + injure wife and daughter - no break in chain of causation - reasonably foreseeable
The “thin skull” test
Defendant must take his victim as he finds him
eg: victim has unusually thin skull and makes blow fatal - defendant liable
R v Blaue
R v Blaue
Stabbing - Refusal to accept blood transfusions, victim died of her wounds - take victim as he found her
