Causation Flashcards
What is the two part test that must be taken to prove the defendant caused the victims death?
Factual causation (part 1) and legal causation (part 2)
What is factual causation?
Proving that the defendant was the factual cause of death through the ‘but who’ test- ‘but for the defendants actions, would the victims have survived?’ If they would’ve survived, the defendant is the factual cause of death.
What is the case linked to factual causation?
White- poisoned his mothers milk, she had a heart attack before drinking it, the two weren’t linked and therefore he was not the factual cause of death. This breaks the chain of causation.
What is legal causation?
Proving that the defendant is legally responsible; just because they are the factual cause doesn’t mean they’re the legally responsible. The defendant doesn’t need to be the sole cause of death, but they must be more than a minimal cause of death.
What is the case linked to legal causation?
Pagett- used pregnant girlfriend as a shield in police shoot out, police shot her and killed her, police not guilty as he was more than minimal cause of death, cain of causation not broken.
What are Novus Actus Interveniens?
Intervening acts that may break the chain of causation
What are the main NAI?
Thin skin rule / eggshell conditions, victims own acts and third parties
What are examples of the victims own acts?
Escape of victim, refusal of treatment, self-injection, self neglect / suicide
What are examples of third parties?
Negligent medical care, life support machines, other situations
How does the think skin rule break the chain of causation and what is the case linked to it?
We must take our victims as we find them, for example- medical conditions, religious beliefs
Blaue- Jehovahs witness stabbed and needed blood transfusion but was unable and died, chain was not broken and defendant is guilty
How does escape of the victim break the chain of causation and what is the case linked to it?
It does break the chain if you are grossly negligent to yourself.
Roberts- woman was sexually assaulted by coworker in car, jumped out of moving vehicle to escape and suffered injuries, she was not grossly negligent and therefore the chain is not broken
How does refusal of treatment break / not break the chain of causation and what is the case linked to it?
If it ends in death then the chain is never broken.
Holland- mugged at knifepoint, hand is injured and gets gangrene but refuses treatment and dies, doctors are not liable and the chain is not broken
How does self injection break the chain of causation and what is the case linked to it?
If you are injecting drugs into yourself it breaks the chain of causation.
Holland- gave heroine needle to friend who injected themselves and died, chain is broken and defendant is not guilty
How does self neglect / suicide break the chain of causation and what is the case linked to it?
If the suicide is because of the act directly before it the chain is not broken, but the chain is broken in most cases as the victim has decided to do it
Wallace- threw acid on ex boyfriend who had moved on, killed himself months later, defendant was cleared as suicide was not her fault
How does negligent medical care break the chain of causation and what is the case linked to it?
Where doctors are grossly negligent the chain is broken.
Jordan- patient had penicillin allergy, lethal dose was given by doctor, doctor was cause of death so chain is broken and the doctor is guilty
