Causation

Question 1

What is causation needed for?

Answer 1

Required for consequence. D must have cased the result.
Both factual+ legal causation considered.

Question 2

Whats factual causation and what is an example case?

Answer 2

‘But For’ test.
If not for Ds actions, result wouldn’t have happened.
E.g. WHITE: poison in mothers drink, mother would have died anyway so not guilty.

Question 3

What is legal causation and what is an example case?

Answer 3

D more than minimal cause of result.
If theres multiple factors, D must be the operating and substantial cause of result.
E.g. KIMSEY:

Question 4

What are the example cases for Third party?

Answer 4

SMITH: soldier stabbed, poor treatment, smith guilty as original wound operating and substantial cause.
CHESHIRE: shot, need operation, result in breathing problems, died, chehire guilty.
JORDAN: antibiotics allergic to twice, ‘palpably bad’ medical treatment, breaks the chain.
PAGETT: police shot pregnant gf, Pagett guilty. Not break chain as police were reasonable foreseeable consequence of Ds actions.

Question 5

What are example of victims own act?

Answer 5

ROBERTS: escape from moving vehicle from sexual assault. Driver guilty.

Question 6

What is the Thin Skull Act?

Answer 6

Take victim as find them
E.g. BLAUE: refused medical treatment as Jehovah witness. D guilty.

Question 7

If the chain of causation if broken by an intervening act is D guilty?

Answer 7

No