Causation Flashcards
(35 cards)
What must be proven in homicide cases?
The act has caused the consequences.
When is the defendant responsible for murder?
Where his acts are both a factual and legal cause of the victims death.
What is Factual Causation?
Would the victim have died but for the defendant’s conduct? Defendant not liable if V would have died anyway.
What case is associated with Factual Causation?
White (1910)
What happened in White (1910)?
Son poisoned mother by adding cyanide to drink, before it could take effect, mother had a heart attack and died. Since the defendant would have died but for the defendants actions, he was founds guilty of attempted murder.
What is Legal Causation?
Defendant’s act must be more than a minimal cause of death. Asks whether the defendant is morally to blame.
What case is associated with Legal Causation?
Marchant and Muntz (2004)
What happened in Marchant and Muntz (2004)?
Motorcyclist impaled himself on a grab attached to a loading vehicle. Farmer + Driver not morally responsible since cyclist would’ve died even if the grab was concealed by a guard.
What must the defendants actions be to find them guilty of murder?
The operative and substantial cause of death.
What is the first general rule of Causation?
The defendant must take is victim as he finds him - Thin Skull Rule
What two cases are associated with the Thin Skull Rule?
Hayward (1908)
Blaue (1975)
What happened in Hayward (1908)?
D chased wife into street and kicked her, she died due to a persistent thyrus gland, which means she could die from experiencing a strong emotion. D found guilty of causing death.
What happened in Blaue (1975)?
D attacked 18 y/o with a knife, needed a blood transfusion, declined due to being a Jehovah witness and died. Court held she would not have died but for the defendants stab wound, found guilty of causing death.
What is the second general rule of Causation?
An intervening act may break the Chain of Causation (novus acts interveniens)
What are the five sub-sections of the second rule of Causation?
A) Medical Negligence
a) Turning off life support
B) Actions of Victim
C) Victim Self-Neglect
D) Actions of Third PartyWhat are the 4 cases associated with Medical Negligence?
Jordan (1956)
Smith (1959)
Cheshire (1991)
Mellor (1996)
What happened in Jordan (1956)?
Hospital administered incorrect medical treatment to a patients whos wound had almost healed, they died. Court declared treatment to be ‘palpably wrong’, intervening act broke the chain of causation.
What happened in Smith (1959)?
Victim and defendant fight in army barracks, D stabbed V several times. Fellow solider carried him to medical wing but dropped him a few times. Received very poor treatment and died. Court held the wound to be the operative and substantial cause of death, found guilty.
What happened in Cheshire (1991)?
Argument in fish and chip shop, D shot V, doctors performed a tracheotomy. Windpipe was too narrow, victim died. Court held that the original wound was the operative and substantial cause of death, found guilty of murder.
What happened in Mellor (1996)?
Mellor attacked 71 year old man, he died 2 days later. D argued V’s pneumonia resulted in death (lack of oxygen). Mellor found guilty of manslaughter.
What is the case associated with Turning off life support?
Malcherek, Steel (1981)
What happened in Malcherek, Steel (1981)?
M stabbed his wife, S attacked women. Both victim ended up on life support which was turned off. Both convicted of murder.
What are the three cases associated with Actions of Victim?
Roberts (1972)
Williams and Davis (1992)
Marjoram (1999)
What happened in Roberts (1972)?
D gave victim lift and made sexual advances, she jumped out of the car and injured herself. Held that Roberts action were the operative and substantial cause of injuries. Convicted of ABH. Introduced the daftness test.
