Causation Flashcards
What is causation in the context of result offences?
Causation is required where the defendant’s conduct must be proven to cause the result.
What is the but for test in factual causation?
The harm would not have occurred but for the defendant’s actions.
Which case established the but for test?
R v White
What are the limitations on factual causation?
Subject to remoteness and foreseeability.
In legal causation, what must the defendant’s act be?
A substantial or operating cause.
Which case endorsed the de minimis test?
People (DPP) v O’Loughlin
What does the de minimis test indicate?
The defendant’s contribution must be more than trivial.
What is novus actus interveniens?
Third-party actions that significantly disrupt the chain of causation.
In R v Pagett, why was the defendant held liable?
The police’s actions were a natural response to his conduct.
What can break causation in cases of grossly negligent medical treatment?
If it’s ‘palpably wrong.’
Which case limited the impact of grossly negligent medical treatment on causation?
R v Cheshire
Does a victim’s attempt to escape typically break causation?
No, unless deemed grossly disproportionate.
Which case established that a victim’s voluntary action can break causation?
R v Kennedy (No. 2)
What is the eggshell skull rule?
The defendant takes the victim as they find them.
Which case illustrates the eggshell skull rule?
R v Blaue
