Causation Flashcards
Gap
3 years
Factual
But for test
Paggett
Human shield
White
Attempted
Legal
More than minimal
Dyson
Beat child. Skull fracture. Would have died due course but second beating accelerated it. Would have died anyways but acceleration amount to legal causation
Smith- legal
Operating and substatial cause
Cato/muhammed
More than insubstantial and insignificant
Wallace
Key factual question when evaluating legal causation in homicide cases is whether the accused acts can fairly be said to have made a significant contributon
Perkins
Hit him left in building then earthquake hit. Different if was at sea
Natural event NAI
Perkins
Hit him left in building then earthquake hit. Different if was at sea
Natural event NAI
Michael
Act of innocent agent not nai
Third party
Rafferty
3 people beat up v. Rafferty left scene and other 2 killed. Wasn’t present and wasn’t planned
Third party
Medical treatment nai
Must be incorrect treatment which is direct cause of death. If original wound still open and operating cause of death chain won’t break
Jordan
Given antibiotics already proved to be allergic to and lungs filled with fluid.
Highly likely to not be repeated as it included the positive administration of a drug
Smith
Only if second cause so overwhelming as to make the original wound merely part of history can it be said that death doesn’t flow from the wound
Cheshire
Discharged and died 2 months later due to narrowing of windpipe. Wounds healed but d still significant contribution.
Negligent acts must be so independent of his acts and in itself potent in causing death
Malcharek and Steele
Life support machines
Eggshell rule
Take v as find them
Watson
Old man with heart condition
Hayward
Thyroid gland condition
Holland
Cut finger told needed amputated but refused. Didn’t break chain
Wallace- free
Euthanasia wasn’t a free and unfettered decision
Robert’s
So daft or unexpected that no reasonable man could expect to foresee
Escaping
