Causation Flashcards
What do you have to consider for factual causation?
The ‘but for’ test
What is the case for factual causation?
R vs White
What is the POL from R vs White
But for the defendants actions, the victim would’ve died anyway from the heart attack so he isn’t liable.
What are the 3 factors for legal causation?
- Original injury = Operative cause of death
- Intervening act = Reasonably foreseeable
- Thin skull test
What is the case for ‘Original injury = operative cause of death’?
R vs Smith
What is the POL from R vs Smith?
The medical treatment did not overwhelm the stab wound so the operative cause of death remained as the original injury which was the stab wound.
What is the case for ‘Intervening act = Reasonably foreseeable’?
R vs Corbett
What is the POL from R vs Corbett?
All events were reasonably foreseeable so there was no break in the chain of causation.
What is the case for the thin skull test?
R vs Blaue
What is the POL from R vs Blaue?
As the victim was a Jehova, a blood transfusion is against their faith so it was considered a ‘pre-existing condition’ and the defendant has to take their victim how they find them.
