causation Flashcards
What is causation?
Causation is established to prove fatal and non-fatal offences.
How many types of causation must be proven?
2.
What is the first type of causation? Back with case example?
Factual causation is where the defendant is the factual cause of the victim’s injuries using the ‘but-for’ test as in R v Pagett.
(But-for the defendant’s actions, would the victim have suffered harm?)
What is the second type of causation?
Legal causation looks at whether the defendant’s act or omission legally caused the crime.
What is the test for legal causation? Back with case example.
The test is whether the defendant’s conduct was ‘more than minimal’ as in R v Kimsey. The defendant need not be a substantial cause.
How many acts could break the chain of causation?
3.
What is the first act?
The actions of a third party will only break the chain of causation if their acts are considered unreasonable.
What does R v Cheshire show? And what does R v Jordan oppose to Cheshire’s ruling?
Medical negligence will rarely break the chain of causation.
However, it might do if the medical treatment was ‘palpably’ wrong.
What does R v Smith show?
The chain of causation will not be broken if the injuries inflicted by the defendant remain operating and substantial at the time of death.
What does R v Malcherek & Steel show?
Switching off life support doesn’t break the chain of causation either.
What is the second act that breaks the chain of causation? (Hint = V).
The victim may break the chain of causation if they act in a way that is considered to be unreasonable.
What is the third act that breaks the chain of causation? (Hint = Event).
An unpredictable event will usually break the chain of causation such as an accidental car crash, earthquake, hurricane, etc.
What does R v Roberts show?
Only if the victim does something so ‘daft’ that it cannot be expected will the chain of causation be broken.
What is the thin skull rule? Back with case example.
The thin skull rule is considered requiring the defendant to take their victim as found (with all their vulnerabilities) as in R v Blaue.
It does not break the chain of causation.
