Causation Flashcards
What is causation
There must be evidence to show that D caused the consequence
What three things do the prosecution have to show?
- D’s conduct was the factual cause of the consequence
- It was the legal cause of the consequence
- There was no intervening act which broke the ‘chain of causation’
What is factual causation?
Must be proved that the unlawful consequence would not have happened ‘but for’ D’s conduct
What was the case of White?
- 1910
- D acquitted as although he tried to poison his mother, she actually died of a heart attack
What was the case of Pagett?
- 1983
- D was the factual cause of death when he used his gf as a shield and fired at police
- She would not have died ‘but for’ his actions
What was the case of Hughes?
- 2013
- D charged with causing death by driving uninsured: but for D driving on the road, V would not have collided with him
- However, collision was entirely V’s fault as they were on drugs and driving on the wrong side of the road
- Supreme court emphasised need for a legally effective cause of consequence
What is legal causation?
- D’s conduct does not need to be the only cause of the consequence
- D’s contribution must be more than minimal
What was the case of Kimsey?
- 1996
- D and V engaged in high speed car chase, V lost control and died
- Judge directed the jury that D’s driving did not have to be the principal/substantial cause of death, as long as you’re sure it was a cause
What was the case of Benge?
- 1846
- D failed to give warning to an approaching train driver and an accident occurred
- D substantially caused the death through his negligence
What is the thin skull rule?
- If V has special characteristics/vulnerability which makes injury more serious, D is liable for the more serious injury
- D must take V as they find them
What was the case of Blaue?
- 1975
- D responsible for V’s death when the Jehovah’s Witness he stabbed refused a blood transfusion despite the fact that she would have survived
What is an intervening act?
- Breaks the chain of causation
- Prevents D from being liable for the ultimate result
What can the chain of causation be broken by?
- Unforeseeable act of nature
- Unforeseeable act of a 3rd party
- V’s own subsequent conduct
Victims own conduct
Whether V’s conduct was within a range of reasonable responses in the circumstances
What was the case of Roberts?
- 1971
- V’s reaction to jump from a moving car was reasonably foreseeable when D made sexual advances to her
- Chain of causation not broken
What was the case of Williams?
- 1992
- V died after jumping from a moving cat, to avoid having his wallet stolen
- Disproportionate to the threat so broke the chain of causation
What was the case of Kennedy (No.2)?
- 2007
- D supplied drugs to V who died after self injecting
- D did not cause V’s death, V had a choice whether to inject himself or not
- Chain of causation broken
Medical treatment
Unlikely to break the chain of causation unless it’s is ‘so independent’ of D’s conduct and ‘in itself so potent causing death’ that D’s acts are insignificant
What was the case of Smith?
- 1959
- After being stabbed, V dropped twice on the way to treatment centre, then was left untreated for some time
- Contributed to his death but still found D guilty of murder
What was the case of Cheshire?
- 1991
- D shot V in stomach, V needed a tube to help him breathe
- C died from complications following tracheotomy
- D still held liable for death as his actions contributed significantly to V’s death
What was the case of Jordan?
- 1956
- V stabbed, doctors gave him antibiotics which he was allergic to and died
- Chain of causation broken, medical treatment was ‘palpably wrong’ and was the overwhelming cause of death
