Causation

Question 1

How is causation defined

Answer 1

Defined as a set of rules that determines whether a defendant is responsible for the consequence they have caused

Question 2

What is Factual causation

Answer 2

Known as the ‘But for test’ where but for the defendants actions would the prohibited consequence occur - R v Pagett

Question 3

R v Pagett

Answer 3

The consequences wouldn’t have occurred but for the defendants actions so he was the factual cause

Question 4

What is legal causation

Answer 4

Whether the defendant is responsible in law for what occurred. Examines culpability or blameworthiness

Question 5

What is the de minimus principle

Answer 5

Has to be shown that the D made more than minimal contribution to the consequence and must be the substantial operating cause - R v Smith

Question 6

R v Smith

Answer 6

Defendant was the sub op cause so satisfied de minimus principle

Question 7

What is novus actus interveniens

Answer 7

Intervening act that causes a break in the chain of causation and can negate liability - R v Kennedy

Question 8

R v Kennedy

Answer 8

victims own actions broke chain of causation

Question 9

What is thin skull rule

Answer 9

If any injury is exasperated by an underlying health condition then they are still held accountable and you should take your victim as you find them - R v Blaue

Question 10

R v Blaue

Answer 10

Take your victim as you find them