Causation

Question 1

Factual cause

Answer 1

But for the defendants actions, would the victim have survived?

Question 2

Legal cause

Answer 2

The actions must be more than minimal, and there can be no break in the chain of causation. It does not need to be the only action

Question 3

Thin skull rule

Answer 3

R v Blaue

Take your victim as you find them. It does not break the chain of causation.

Question 4

Medical treatment

Answer 4

R v Jordan, R v Smith , R v Chesire

The medical treatment given must be independent of the original cause or more than a ‘trifling link’ and be grossly negligent or ‘so potent’

Question 5

Victims own act

Answer 5

R v Robert’s, R v Williams and Davis

The victims act must be unforeseeable, or unreasonable to break the chain of causation

Question 6

Life support machine ce-s

Answer 6

R v Malcherek and Steel
As long as the decision was made by a doctor competently, it does not break the chain of causation

Question 7

Unpredictable natural event

Answer 7

R v Hayward

If a natural event is unpredictable then it breaks the chain of causation

Question 8

Refusal of medical treatment

Answer 8

R v Holland

The victim refusing or not seeking out medical treatment does not break the chain of causation