Causation Flashcards
What is causation?
Has the D caused the death of victim or not. ( who caused it )
To prove a consequence , what are the 3 things P has to prove :
Ds conduct was the factual cause of the consequence
Legal cause of that consequence
No intervening act broke chain
What is factual cause?
D can only be guilty if the consequence wouldn’t of happened “but for” Ds conduct.
Two cases for “but for” ?
R v Pagett - used pregnant girlfriend as a human shield during a shootout with cops. Guilty of murder
R v White - son put cyanide in mums drink. She died in a heart attack - guilty of attempted murder not murder
What is legal causation?
D can be guilty if they were more than a minimal cause - doesn’t have to be substantial cause.
Above minimal , below substantial
Two cases of legal causation?
R v Kimsey - involved in high speed car chase and other driver killed. Ds cause was more than a slight/trifling kink so can be convicted.
R v Blaue - thin skull rule. Take V as you find them. Jehovah’s witness stabbed and refused blood transfusion. D guilty of murder
What are interving acts?
Once causation is established it can be removed by a NOVUS ACTUS INTERVENIENS. - act of a third party
What are the 4 possible intervening acts?
Poor medical treatment
Victims own actions
Unreasonable reaction
An intervening event ( gods act )
What is act of a third party?
Must be sufficiently independent of Ds conduct and serious
4 cases for act of a third party?
( 2 needed )
1) R v Smith - stabbed but dropped on way to hospital and given poor treatment. D still guilty.
2) R v Cheshire - shot, developed breathing. Died due to problems with tracheotomy and original wounds had healed. D guilty.
3) R v Jordan - V died when doctor gave him antibiotic he was allergic to. Broke chain d not guilty.
4) R v Malcharek - switching off life support will not break chain of causation.
What is victims own actions? ( intervening act )
D causes V to act in a foreseeable way any injury to V will be Ds fault. But if too strange or unreasonable not liable.
3 cases for victims own actions?
R v Roberts - D made advances that were rejected. Then later made more advances so V jumped from the car. Causation was not removed as actions were reasonable.
R v Marjoram - D and several others were shouting abuse and kicked Vs door down. V fell ( maybe jumped ) from window and suffered duties injuries. D convicted of GBH. COA upheld this and said it was his only way to escape.
R v Kennedy - D supplied a Class A drug to a friend who later died. D not guilty of death as it was friends choice to inject.
What is case for unreasonable reaction? ( intervening acts )
R v William and Davies - V jumped from moving car cause D was going to steal his wallet. V died but D wasn’t convicted of manslaughter.
What is an intervening event? ( gods act )
Causation will be removed if an unreasonable event that couldn’t have been predicted or prevented and made Vs injuries worse. If defendant could have taken reasonable steps causation won’t be removed.
