causation

Question 1

what is causation

Answer 1

It must have proven that there is a direct and unbroken link between the Ds actions and the criminal consequence
there must be factual and legal causation.
If there chain is broken, there is no liability

Question 2

Factual causation

Answer 2

factual causation is established by using the ‘but for’ test, This helps to show ‘but for the actions of the defendant, would the result have occurred’. If the answer to this question is a yes - the result would have occurred at the time of the event - then the defendant is not liable for the crime in question. If not, the defendant will be liable and it can be said that their action was the factual cause of the result, event or crime.

Question 3

R v White

Answer 3

no direct link between W’s act and the death of V, acquitted of murder, convicted of attempted murder

Question 4

R v Pagett

Answer 4

P, armed with a shotgun used the V as a human shield which resulted in her being shot by police, Held that but for Ps actions she would not have died, his conduct was the direct cause of her death, convicted of manslaughter

Question 5

legal causation:

Answer 5

Substantial> minimal cause of death
must be more than slight or trifling.

Question 6

R v Cato

Answer 6

drug addicts spent the night injecting each other with heroin/ water. Mutual injection was more than a minimal cause

Question 7

R v Blaue

Answer 7

D stabbed V, she required a blood transfusion, take the victim as you find them

Question 8

Novus Actus Interveniens

Answer 8

Chain of causation can be broken by a new independent act and D was no longer responsible for the consequence, this act must be sufficiently different and serious. It could be the act of a third party or an unforeseeable event.

Question 9

Jordan

Answer 9

V stabbed to the stomach and was recovering in hospital, was given antibiotics and liquid. Previously he had an allergic reaction, he suffered a severe allergic reaction and died, this was the main cause of death not medical staff.

Question 10

Smith

Answer 10

Soldier taken to medical centre for stab wound and was dropped on the way, staff tried to artificially respirate by pumping on chest which made conditions worse and he died, treatment drastically reduced chances of survival, guilty of murder

Question 11

Cheshire

Answer 11

V was shot in the stomach and thigh, rare tracheotomy complications resulted in Vs death, not noticed by doctors. Wounds at the time no longer life threatening but D was responsible for death

Question 12

Actions taken by the victim

Answer 12

is death the direct cause of Ds actions, of the independent act of the V, if the threat is serious them more reasonable to take evasive action and chain may not be broken

Question 13

Roberts (reasonable)

Answer 13

D drove down a side road and subjected R to unwanted sexual advances, V jumped out and was injured, this was reasonable so the chain of causation was not broken

Question 14

Williams (wally)

Answer 14

V jumped out of a moving car because D tried to steal his wallet, this was unreasonable and disproportionate, chain of causation was broken by the V intervening act. D not liable