Causation

Question 1

Types of Causation.

Answer 1

Factual and Legal.

Question 2

5 methods.

Answer 2

(in order)

1 -But-For (Factual)
2 -De - minimus (Factual)
3 -Thin Skull Test (Legal)
4 -Novus Actus Interviens (Legal)
5 -Operative and significant cause (Legal)

Question 3

Type of crimes.

Answer 3

Only relevant to Result Crimes (murder, manslaughter, ABH+GBH etc). It must also be where the result is an indirect consequence of a defendants act.

Question 4

But-for test.

Answer 4

“But-for D’s act, would V have suffered this result?”

But-for = “If it wasn’t for”

Comes first because it asked whether the Defendant is responsible.

if YES = The chain is broken = not guilty
if NO = The chain is intact

CASE EXAMPLE : C v WHITE (1910)

Question 5

C v WHITE (1910)

Answer 5

Man wanted to kill his mother to inherit her fortune. Poisoned her tea/lemonade (disputed which one it was) with cyanide. Mother drank the drink but had a heart attack before the poison had an effect.

NOT GUILTY of her death as the heart attack would have happened regardless.

Question 6

De - Minimus

Answer 6

“Of minimal cause”

D need not be the sole or main cause of V’s result, but must contribute significantly to it”

CASE EXAMPLE : R v PAGETT (1983).

Question 7

R v PAGETT (1983).

Answer 7

Pagett abducted his pregnant girlfriend and used her as a shield whilst shooting at the police. Police bullet killed Gail Kinchen. Using her as a shield was not the sole or main cause of her death, but he did contribute significantly to her death.

MEANING THE CHAIN WAS BROKEN.

Question 8

The Thin Skull Test

Answer 8

“D must take V as he finds him”

“D cannot rely on the attributes of the V to reduce his liability.

Attributes include - The victims medical condition, disabilities and/or religious beliefs.