Causation Flashcards
What is factual causation
The “but for” test, but for the defendants would the consequence have occurred
What is causation
The link between the defendants act and the criminal consequence
What is legal causation
The “operating and substantial cause” test to find the link between the defendants act and the criminal consequence
Is causation part of the actus reus or men’s rea of a crime
Actus reus
What would be the two cases in factual causation
White and Paggett
What happened in Pagett
He used his girlfriend as a shield and she would not have died but for his actions
What happened in white
Put poison in his mothers tea and tried to kill her, she died anyway from a heart attack and ended up not causing her death
What happened in Jordan
As the medical treatment was “palpably wrong” there was no legal causation and the defendant was acquitted and not charged for killing him
What happened in smith (1959)
The original act was the operating and substantial cause and it was not the fact of being dropped on a stretcher
What is the meaning of movie actus interveniens
“A new act intervening” which breaks the chain of causation
What was the intervening act in Pagett, and also the other one for Jordan?
Pagett - The act of another person unconnected with the defendants act
Jordan - medical intervention
What is the think skull rule
“Take your victim as you find them” - in other words the law does not take into account and particular characteristics of the victim
What would be a case for the thin skull rule?
R v Blaue - A Jehovah’s Witness refused a blood transfusion, the defendant said this was unreasonable and broke the chain of causation but the judge decided the stab wound caused the death, not her choice.
What’s the case for when the victims own act did not break the chain of causation
Roberts - jumping out of a moving car from fear of sexual assault
What’s the case for when the victims own act did break the chain of causation
Williams - the victim caused his own injuries as his reason of being robbed was unreasonable
