causation Flashcards
factual causation
but for test
r v white
but for the d’s actions v would’ve died anyways
r v paget
but for the d’s actions v wouldn’t have died
legal causation
d’s actions need to be more than diminimus to be prosecuted
chain of causation
list of actions leasing to a crime
new intervening act
an act that breaks the chain if causation
r v cheshire
no new intervening act (tracheotomy)
r v jordan
there was a new intervening act (antibiotic)
thin skull rule
take your victim as you find them
r v blaue
thin skull rule (jehovas witness)
r v woolin
a decided to bring about so far as it lies within the accused’s power (prohibited consequence) no matter wether the accused desired that consequence or not”
subjective recklessness
d knows theres a risk but takes it anyway
r v cunningham
subjective recklessness
r v mohan
a decision to bring about in so far as it lies within the accused’s power (the prohibited consequence), no matter wether the accused desired that consequence of his actions or not
