Causation Flashcards
What does the conduct have the be for for D to be responsible for the consequence?
More than a minimal cause. If the result would of happened anyway then D will not be guilty
For what crimes is causation used
Result crimes only
What is the de minimus principle
Very minimal acceleration in the death may be ignored e.g. Kimsey
Explain ‘cause in fact’
The act must be the factual cause of the crime
If it would have happened without what D did then he didn’t cause it
Pagget
White
Explain ‘cause in law’
But for johns actions, Fred would still be alive.
It’s a question of ‘is the defendant to blame’ - moral.
What’s the first rule of causation.
D must have done something wrong.
There must be a connection between what the D did wrong and the consequence.
Dalloway
What the second rule of causation.
The thin skull rule AKA take the victim as you find them.
If there is something special about the v making them particularly vulnerable then the D may argue that this breaks the chain of causation. Usually fails
The accused must accept the vulnerability of the victim
Blaue
Hayward
What are the two circumstances which make the V particularly vulnerable and causes the D to still be liable
V has a medical condition
Or
The V has beliefs which make the injury more severe
What is the third rule of causation.
D need only to accelerate death. They need not be the sole cause.
The culpable act must accelerate death.
Adams
If the harm has been done by more than one person, all those who contributed substantially or significantly will be guilty.
What are the rules on intervening events
The D is still responsible if the jury are satisfied beyond reasonable doubt that the original injury is still the OPERATIVE and SUBSTANTIAL cause of the death
Explain the intervening actions of the victim
The victim may refuse treatment or neglect their wounds without breaking the chain
The v may try to escape e.g where V falls under a buss trying to get away from someone threatening them.
Roberts
Explain the Roberts principle of daft behaviour
If the victim does something so daft or so unexpected that the reasonable person would not be expected to foresee then this will break the chain of causation.
Intervening actions of 3rd parties.
Courts are reluctant to find medical treatment to break the chain of causation.
Smith-
Cheshire
Jordan
Switching off life support machines. - the D will still be guilty if treatment is discontinued providing the D is the operative cause of the death.
Malchereck and steel.
